Chief Justice Surendra Kumar Sinha yesterday said that he had been speaking for the development of and in the interest of the judiciary and did not matter if the government considered his observations to be political statements.
“If the government thinks that the chief justice is giving political statements, I am telling the government through you (the law minister) that yes. And, if needed, the chief justice will give more such political statements for the sake of the judiciary,” he said at a programme held at the Supreme Court auditorium in the capital.
“And I will never give in,” the chief justice told the programme, also attended by law minister Anisul Huq.
Bangladesh Women Judges’ Association organized the programme to honour the country’s first woman judge and the association’s founding president, Justice Nazmun Ara Sultana, who retired on July 9, for her life-time achievement.
All the six Appellate Division judges, six women High Court judges and members of the association, among others, were present at the ceremony.
The CJ said, “The country is developing day by day, as we are progressing in every sector. But the judiciary is going down to a zero level, as it being squeezed little by little, which is not good for the country and the nation.”
The chief justice also criticised the government for not allocating any budget for the development of the judiciary, saying that it had not allocated any funds for the development of the judiciary in the last three consecutive budgets.
He also said that the government had allocated Tk16 crore 42 lakh for the development of the Jatiya Sangsad. But it had not allocated any money for the betterment of the judiciary, he added.
The law ministry was unable to spend 55 per cent of the budget money but did not provide any funds for the development of the Supreme Court, he added.
The CJ said that though the government had increased the money allotted for security purposes by 10.24 per cent, it decreased allotments by 0.14 per cent in case of the judiciary without giving reasons.
“I could not give any answer to the judges when they asked me about the security budget. I have not been able to give any place to the security personnel to take rest and keep their equipment,” he added.
Saying the main building of the Supreme Court had become vulnerable, the CJ said that during the monsoon season water falls on his chair. All important documents and records were kept inside this building, he said.
The proposal of constructing a 20-story building had remained stuck at the Executive Committee of the National Economic Council (ECNEC). But the present Supreme Court building will not last for more than 5 to 6 years, as it had become weak over time. “We are trying to construct the 20-story building since 2009. But the file has not moved from the ECNEC because of unknown reasons,” he added.
The CJ said, “We may have to conduct our judicial proceedings by sitting in the field, if we are unable to construct a new Supreme Court building. I humbly urge the government through you (law minister) to take initiatives to construct the building in the greater interest of the judiciary,” the CJ added.
About the appointment of the Supreme Court judges, the chief justice said that the judiciary should always be free from political influences.
The CJ urged the government to make a law to fix the number of judges at the Appellate Division and the High Court Division to reduce political influence in the judiciary.
The CJ said that in many countries including in the USA and India, the number of judges at the High Court Division and the Appellate Division had been fixed by framing laws.
Every government, after assuming power, appoints Supreme Court judges at its will, as there is no limit to the number of judges that can be appointed at the High Court and the Appellate Division. Such a practice was ‘not right’, as it was always better to have a judiciary free of political influence, the CJ said.
The CJ said that once there were 11 judges at the Appellate Division; now the number stood at six.
The number of judges at the Appellate Division would come down to four once the chief justice retires in January 18, and Justice MA Wahhab Miah retires after the chief justice.
The CJ urged the government to immediately appoint at least three Appellate Division judges, as important matters could not be heard by four or five judges.
The CJ also said that once there were 95 the High Court judges, but now the number was 83. The number of judges in the High Court Division was inadequate compared to the number of pending cases, the CJ noted.
He also emphasized the need to increase the number of female judges in the High Court Division.