Staff Reporter:
Chairman of the Commission on Enforced Disappearances, former Justice Moinul Islam Chowdhury, has emphasized that the judiciary loses public trust if it is perceived as lacking independence. He also criti-cized successive governments for neglecting the judiciary, making it the weakest branch of the state.
“None of the governments has ever given proper attention to the judiciary. As a result, it has become the most fragile institution of the state,” he said while addressing a discussion titled “Seventeen Years of Judicial Separation from the Executive Branch” held at the National Press Club yesterday.
The event was organized by the Humanity Foundation, a volunteer human rights organization, and the monthly Ain O Bichar, with support from Minouri Bangladesh.
Justice Moinul further said, “The current state of the judiciary reflects our collective failure. Lawyers and judges are two sides of the same coin, and their cooperation is crucial for a well-functioning judici-ary.”
He said, “Judicial independence will not yield desired results unless judges can think freely. Judiciary’s key characteristic is its accessibility, and it should work transparently to monitor the executive and legis-lative branches. Judicial harassment is one of the worst scenarios for justice.”
Law Reform Commission member Justice Mazdar Hossain underscored the need for the judiciary to be under the control of the Chief Justice. “We need a framework where all decisions regarding the recruit-ment, management, and discipline of judges are entrusted to the Chief Justice,” he said.
Criticizing the outdated laws, he added, “We are still clinging to the CrPC introduced by the British, which they themselves abandoned. Although the judiciary is independent on paper, it has not fulfilled our expectations. In the past 53 years, no political party has enacted laws in the public interest; they have only legislated for self-preservation and power consolidation.”
The discussion, chaired by Humanity Foundation Chairman Advocate Muhammad Shafiqul Rahman, was also attended by former Supreme Court Registrar, District Judge, and constitutional analyst Iktedar Ah-med, among others.
