Editorial
Separation of judiciary from November 1
Efficiency and integrity of justice system must now be enhanced
It will certainly be a historic moment for the nation when the process of judicial independence gets underway on November 1. The long-felt need for separation of the judiciary from the executive now looks about to be finally met. Indeed, we can reasonably say here that the fundamental and necessary changes being brought about in the way the judiciary will work from now on are an outcome of the long and sustained struggle put up by the nation over the years for the supremacy of law and fairness and efficiency of the justice system. Under the new arrangements, all control over the lower judiciary will pass into the hands of the Supreme Court. The system of executive magistracy that has so long operated in the lower courts will give way to one of judicial magistrates working under the direct supervision of the Supreme Court.
We welcome this development auguring well for the nation. Had political governments not dithered on it for years we could have benefited from it a long ago. But we should be fully aware of the challenges that this prospect brings forth. We have to put in place the required number of judicial cadre who will be carefully chosen against some set criteria. A supervisory mechanism is very much needed whereby the higher judiciary keeps an eye on the lower judiciary so that it refrains from any abuse of power. In fact, a code of conduct needs to be formulated and implemented by the highest judiciary for the working of the lower tiers with checks and balances embodied in the system. We have the prospect of a huge improvement in the system here. But in materialising this adequate funds and manpower should be placed with the highest judiciary.
We remain quite aware of the cloud the lower judiciary has worked under in the past years. Periodic assessments by such bodies as Transparency International Bangladesh have pointed to instances of corruption in the functioning of the lower judiciary. Now that it prepares to go under a new dispensation, we will hope that the image of corruption so long stifling its working will be wiped clean. That depends to a very large extent on the professional excellence and probity of the judicial magistrates who will now have full authority to deal with cases. Essentially, the Supreme Court needs to ensure that the powers enjoyed by the lower courts are not abused or misused.
In the end, it is on the purposeful leadership provided by the Chief Justice and his colleagues that the success of the new judicial order will depend.
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