Rule of law not fully established

Chief Justice Surendra Kumar Sinha yesterday said the rule of law has not been fully established in Bangladesh, which the neighbouring countries have succeeded in doing.

“Once upon a time, the law of Pakistan was termed Ayub's constitution… The rule of law exists even in that country but we could not fully establish it yet. Not to mention India, Sri Lanka and Nepal that are far ahead,” he added.

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The chief justice made the comments while speaking as the chief guest at a function organised to inaugurate the Department of Land Law and Management at Jagannath University.

In Pakistan, he said, the SC controls the transfer and promotion of lower court judges, a system which is not followed in Bangladesh. That's why the chief justice here has to speak up.   

He added that in developed countries, even in India, judges including the chief justice deliver lectures at educational institutions. Their addresses never surface in newspapers, but that of the chief justice here does. “It has only one reason. We could not reach that level.”

Justice Sinha urged the countrymen not to make any adverse comment about the Supreme Court judgments.

“It is painful to see someone react to our judgment when it goes against him/her. We cannot claim ourselves civilised until we learn to accept the judgment even if it goes against us.”

He said the Supreme Court gives directives at different times to uphold the constitution and the directives have to be accepted by all.

The chief justice noted that the constitution has empowered the SC to make judicial review of any law.

The SC has scrapped 5th, 7th, 8th, and 13th amendments as they were contradictory to the basic structures of the charter, he said at the programme, held at the JnU auditorium in Dhaka.

He further said the SC will not hesitate to scrap any law or provision if it is against the constitution.

“Two-thirds of parliament members can amend the constitution. If two-thirds of parliament members, even if all of them, scrap the constitution, and if the Supreme Court finds that the action has damaged the basic structures of the constitution, rule of law and independence of judiciary and people's fundamental rights, it can declare their decision illegal,” he added. 

The chief justice thanked Prime Minister Sheikh Hasina as she had stressed the need for understanding among the state's three organs -- legislature, judiciary and executive.

The prime minister on April 28 at a function said, “None of the three state organs can walk alone as all of them need to move ahead maintaining an understanding.”

On April 26, Law Minister Anisul Huq told reporters that in no country do the chief justices speak so much in public or express so much anger unless it involves judicial activities.

“I want to say that definitely he [the CJ] speaks up when it is necessary and I don't deny it. But if he has any grievance, he may inform us about it without discussing it in public and we may try to solve them,” he added.