State agencies in a race to rule others

Chief Justice Surendra Kumar Sinha yesterday said all agencies of the state, except the judiciary, were in a competition to dominate each other.

“This tendency to dominate is most visible among those who are close to power,” he said while speaking as chief guest at the inauguration of a two-day national judicial conference at the Bangabandhu International Conference Centre.

Not only the agencies or institutions, the departments of the state are not beyond such competition, he said, adding that he was not criticising any particular agency or department.

Read More: CJ's full statement

“The judiciary was not involved in such contest in the past and will not be ever. Rather, we have tried always to keep a balance between the departments and institutions of the state. For this, we will exercise the powers that the constitution has given us to discharge duties. I will hope that other departments and institutions of the state will assist the judiciary in that manner,” he said. 

Contacted, Law Minister Anisul Huq told The Daily Star that the office of the chief justice was an institution. “I will not say anything against this institution. If required, I will give my reaction after having gone through the entire speech of the chief justice,” he added. 

The home minister could not be reached for comments.

About the Supreme Court's verdict on scrapping the caretaker government system, Justice SK Sinha said a non-democratic government in place of a democratic government could not be a solution and that it was “the bankruptcy of politicians”.

The SC has scrapped the caretaker government system for upholding the neutrality of the judiciary, he said.

When a former chief justice becomes the chief of a caretaker government, his neutrality became questionable to many, he said, adding that considering these things, the SC cancelled the caretaker government system.

He said the former chief justice became involved in politics when he discharged his duties as the head of a caretaker government.

Justice Sinha said a system had been introduced to conduct the national election as per wish of a quarter's interest, through the undemocratic caretaker government's rule and the 13th amendment to the constitution.

“The judiciary has been made questionable through amendments to the constitution …,” he said.

The apex court declared the 13th amendment undemocratic and illegal as it had damaged the basic foundation of the state -- people's sovereignty, and its republican and democratic identity, he said.

The chief justice said corruption, terrorism and smuggling were the hurdles to economic development.

Corruption damages 40 percent of the development and the judiciary obstructs corruption, he said, adding that the contribution of the judiciary to the financial growth of the country in last two to three years could not be denied.

He said the judiciary has shown zero tolerance against corruption. The higher court has cancelled bails granted by the lower courts in corruption and smuggling related cases.

Justice Sinha instructed the lower court judges present there to issue arrest warrant against witnesses of cases, if the police failed to produce them before courts. This is so that cases could be disposed of quicker. 

He said the SC has delivered a verdict with necessary directives so that police cannot torture any person on remand for collecting confessional statements. 

Describing problems in the judiciary and its successes, Chief Justice Surendra Kumar Sinha said the rate of case disposal by the lower courts and higher courts has increased in recent years.

There are 98 judges in the appellate and high court divisions of the SC and around 1,300 lower court judges are doing the jobs of 1,500 and it is not possible for so few to dispose of 30 lakh pending cases, he said.

Former chief justice Mahmudul Amin Chowdhury said police ask lower courts for permission to take accused on remand so that they could get confessional statements by torturing them. The lower court judges should carefully consider remand prayers, he said.

He said the government might be unhappy with judges' orders and they could be transferred, but they must have the courage to discharge their duties.

If the lower court judges do not have courage, they need not be in the judiciary, the former chief justice said, adding that the SC should protect lower court judges for the independence of the judiciary.

Justice Mahmudul said the appellate courts should not cancel the lower courts orders of bail immediately after they were passed as people have the right to get bail in cases.        

Land Minister Shamsur Rahman Sharif and State Minister for ICT Division Zunaid Ahmed Palak, among others, spoke to the occasion with Justice Md Abdul Wahhab Miah, the senior most judge of the Appellate Division of the SC next to the chief justice, in the chair.

The SC organised the conference in association with Department for International Development, a UK based development organisation. Almost all judges of the SC and many lower court judges are attending the two-day judicial conference.