SC lawyers split over freedom of judiciary

The Supreme Court Bar Association has apparently become split on the issue of whether the country's judiciary is functioning independently or not.

Pro-BNP and ruling Awami League backed leaders of the SCBA yesterday organised separate press conferences at its auditorium and gave conflicting statements on the issue. 

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The judiciary cannot function independently amid a lack of good governance and democracy, according to pro-BNP lawyers led by SCBA President Zainul Abedin.

“There is no rule of law, good governance and human rights in the country today. The administration or other organ does not want the judiciary to work independently,” Zainul said.

He added that the statements given by the prime minister and the law minister over a comment of the chief justice raised questions in the minds of lawyers and people of the country.

The law minister had said chief justices in no country express that much of anger and speak so much in public unless it involves judicial activities. “If he has any sorrow and grievances, he may inform us without speaking in public and we may try to solve them.”

Responding to this comment, Zainul, also a BNP leader, said, “Discharging judicial functions is not a secret issue.”

Many statements have been made about the independence of the judiciary after the Supreme Court's verdict in Masdar Hossain case, known as judiciary separation case. The apex court gave many orders to issue a gazette notification determining the discipline and conduct of lower court judges, but the government has sought time from the apex court 67 times until now for issuing the notification.

“So, there is nothing for the chief justice to speak about confidentially.”     

The pro-BNP lawyer also said that without considering the importance of the judiciary, the prime minister had commented that the three organs of the state were operating on consensus among them and the state would not be able to run smoothly if one organ blamed another.

Hasina tried to mean that the chief justice's statement showed there was a conflict between the judiciary and executive, Zainul added.

SCBA Secretary AM Mahbub Uddin Khokon, another BNP leader, also spoke at the press conference.

Meanwhile, Ozi Ullah, senior vice-president of the SCBA and leader of its AL faction, at another press conference said it was clear from the prime minister's statement how sincere the government was in protecting the independence and image of the judiciary.

The government is not only protecting the image of the judiciary, but also ensuring justice for litigants through arranging training for lower court judges, he said in presence of other pro-AL lawyers.

Ozi Ullah said it was not SCBA's responsibility to twist the PM's statement and give a reaction against it.

“No one of the government has made any statement that can spoil the independence and image of the judiciary, and so the Supreme Court Bar Association president and secretary needed not hold the press conference today.”