Article 116 of Constitution behind slowness of judiciary: Chief justice

Chief Justice Surendra Kumar Sinha today said that article 116 of the constitution is one of the reasons for slowness of the judiciary.

The article says, "Subject to provisions of the Constitution, all persons employed in the judicial service and all magistrates shall be independent in the exercise of their judicial functions."

It is not possible for the Supreme Court alone to accept the activities---its subordinate courts' judges' promotion, transfer and disciplinary actions due to article 116 of the constitution, the chief justice said, adding that judges cannot be appointed to the vacant posts in many district due to the dual rule.

"For these reasons, the judicial proceedings are hampered and the sufferings of litigants increase," he observed in the message which was delivered on the occasion of nine-year fulfillment of separation of judiciary from the executive.

The judiciary was separated from the executive on November 1, 2007 under the Supreme Court directives in Masdar Hossain case popularly known as separation of judiciary case.

Considering these problems, it is a demand of time to reinstate the 1972 constitution's article 116 which was framed under the leadership of Bangabandhu Sheikh Mujibur Rahman, as that article had categorically said that the control and discipline (determination of workplace, promotion and granting leave) of the people appointed to the judicial service department and judicial magistrates will be vested to the Supreme Court, Justice Surendra Kumar Sinha said in the message.

He said the independence of the judiciary will be more upheld and strengthened if article 116 of 1972 is reinstated.

Rate of disposal of cases is increasing day by day

Despite different hurdles, the judicial magistrates have been discharging their duties properly and therefore, the rate of disposal of cases is increasing day by day, Chief Justice SK Sinha added.

Meanwhile, Attorney General Mahbubey Alam today stressed the need for appointing more competent, experienced and sincere judges to make the judiciary speedy.

The judiciary has been separated from the executive in line with the Supreme Court directives in Masdar Hossain case, he said, adding that a separate secretariat might be set up in future.

The government is trying to solve the crisis of courtrooms and 'ejlash' for the judges, the attorney general said while talking to reporters at his office.