Editorial

Bangabandhu Murder Case

Appointment of ad-hoc judge a pressing need now
We look with trepidation at the prospect that the process of final adjudication of the Bangabandhu Murder Case might be further delayed. In fact, the latest turn of events makes us wonder whether the case will ever come to an end. We have reasons to feel this way. Though the hearing of the case was supposed to resume in March 2005 with the elevation of a judge to the Appellate Division, there is apprehension that the government decision to extend the retirement age of Supreme Court judges will further delay it till 2007.

Five of the seven judges at the Appellate Division cannot hear the case since they either heard the case in the High Court or expressed embarrassment to hear the case at different times. The rest of the two judges can hear the case now, but the Appellate Division needs at least three judges to form a bench to hear the case. Therefore, if the parliament amends the constitution to extend the retirement age of Supreme Court judges by two years, none of the five judges who are not able to hear the case, will retire until 2007; further delaying the appointment of new judges who will have no qualms in hearing the case.

Against the backdrop of what has been perceived by many as government's lukewarm attitude to drawing a curtain on the Bangabandhu Murder Case, one might be led to surmise that the amendment to extend the retirement age of judges bore some link to government's overall approach to the issue. We would, however, like to keep faith with the government's oft-repeated assertion that the law will take its own course and that the court will resolve the case in due time. What is supremely important to realise is that this is no ordinary murder case. We owe it not only to his memory but also to the entire nation that those who brutally assassinated the founder of the state along with most other members of his family are brought to justice.

It is, therefore, the responsibility of the government to see to it that all the obstacles are removed in the way of bringing the case to a close. There is a special provision to meet the exigency. Appointing a judge on an ad-hoc basis has become even more compelling in the present scenario. We demand that the government take resort to such an ad-hoc appointment immediately so as to resolve the case without any further delay.