Reappointment of judges
A more proactive role of the Chief Justice is called for
THE order of the high court to reappoint those judges, whose appointments were not confirmed by the erstwhile 4-party alliance government despite the recommendation of the Chief Justice, goes to reestablish the supremacy of the rule of law. It would in no small measure help enhance public confidence in the highest court of the country. The government must implement the order as soon as possible
It is a matter of regret, and one that we cannot restate too strongly, that the judiciary, like all other branches of the state organs, could not escape the evil spectre of politicisation during the tenure of the BNP-alliance government. No sooner did it come to power than it reversed the appointment of some of judges made by the previous government, by withholding confirmation of 10 of them. That it was violation of the Constitution has been amply proved by the High Court directive.
That the erstwhile alliance government wanted to exercise political control over the judiciary was brazenly displayed in the appointment of large number of judges to the apex court of the country, some of whose credentials were questionable.
If the action of the past government has come to be deemed as unconstitutional now, was it not unconstitutional then? Thus we ask again, as we had done before, could not the Chief Justice have done anything to bring to bear the weight of his office to address the issue? Could not he have done anything to prevent the brazenly partisan appointment of judges to the higher courts by the alliance government, and whether a more proactive role on his part would not have served the highest judiciary better?
The Apex Court is not only the court of last resort for the aggrieved, it is also the interpreter and the preserver of the Constitution -- of its letter and spirit -- by keeping it safe from those that try to defile it for political gains. To uphold the image of the judiciary nothing but the reputed, honest, competent and efficient persons should hold the appointment of judges.
We also feel that the chief justice will have not only to resist outside interference, he has also to ensure that the judiciary does not decay from within. And that involves maintaining a very high standard of the judicial officers, from the lowest rung of the judiciary to the highest. Now that the separation of the judiciary has been effected, he ought to focus on the lower courts as well, whose efficiency and honesty have not been above board. He must do all that is necessary to make sure that people's confidence in the judiciary is fully restored.
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