Dual rule slows down judicial work
Observes chief justice
Chief Justice Surendra Kumar Sinha yesterday said that Article 116 of the constitution is the main reason for the judiciarys slow work as it makes way for dual rule.
Article 109 says that the High Court Division shall have superintendence and control over all courts and tribunals subordinate to it. However, the judiciary cannot play its due role as Article 116 creates hindrances for the judiciary to work properly, the chief justice said.
Article 116 makes for dual rule in the judiciary as it is not possible for the Supreme Court alone to do all the worksubordinate court judges promotion, transfer and disciplinary action. But judges cannot be appointed in many districts due to the dual rule, he observed in a statement issued marking the ninth anniversary of separation of the judiciary from the executive. For this, judicial proceedings are hampered and sufferings of litigants increase, he said. The judiciary was separated from the executive on November 1, 2007, on the directives of the Supreme Court in the Masdar Hossain case, popularly known as the separation of judiciary case.
Article 116 says the control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the president and shall be exercised by him in consultation with the Supreme Court. The chief justice said it was the demand of the time to reinstate the 1972 constitutions Article 116, which was framed under the leadership of Bangabandhu Sheikh Mujibur Rahman.
That article categorically said that the control and discipline (determination of workplace, promotion and granting of leave) of persons appointed to the judicial service department and judicial magistrates will be vested in the Supreme Court, Justice Surendra Kumar Sinha said in the message.
He said independence of the judiciary would be upheld and strengthened if Article 116 of the 1972 constitution is reinstated.
Despite many hurdles, the chief justice said the judges are working to ensure fast and quality justice in spite of manpower shortage and hostilities.
The ratio of disposing of cases is going up, as well as the trust of people in the judiciary, he said while expressing hope that the judiciary would be able to attain its ultimate goal if various longstanding problems are resolved.
Attorney General Mahbubey Alam yesterday 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 the 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.
