The much-talk about Narayanganj 7-murder case verdict has proved that no criminal, whether influential or not, could not avert justice, Chief Justice Surendra Kumar Sinha said yesterday. “The criminals, however influential they might be, will not get impunity,” the Chief Justice said in a message on the occasion of the second anniversary of his taking office as the 21st Chief Justice of the country. “Some influential Rapid Action Battalion (RAB) officials committed the sensational seven-murder with an attitude of impunity, which had stunned the nation. The offenders faced justice due to the time befitting intervention by the Supreme Court. People’s confidence on the judiciary has increased due to the completion of the trial in the shortest possible time,” the Chief Justice observed.
He said that the judiciary did not interfere into the territory of the state organ in their internal issue. “I hope that the other state organs would not interfere into the judicial activities,” he added.
SK Sinha said there is an independent job rule for the officials and staff of all departments of the state. The nature and temperament of subordinate court judges’ functions are different from the others.
“If the executive has any scope for interfering in the disciplinary issues of judges, there is a possibility of an interruption in independently discharging judicial functions of judges of the subordinate courts. As a logical reason, a different discipline and appeal rules are indispensable for the judiciary and therefore its draft has been prepared,” Justice SK Sinha said.
Though there is a small disagreement with the government over issuing a gazette notification on the lower court judges’ disciplinary and conduct rules, it will be resolved soon, the Chief Justice hoped.
He said that the objective of separation of the judiciary from the executive will be implemented when the judges are controlled by an independent conduct and discipline rule.
The main challenge for the judiciary is the backlog of cases that remain pending before the courts for disposal. The backlog is increasing due to the lack of updated laws as the country’s judiciary is disposing of cases on the basis of old and some ‘wrong’ laws, he added.
The Code of Civil Procedure-1908, the Code of Criminal Procedure-1898, the Evidence Act-1872, the Transfer of Property Act-1882 and the Negotiable Instrument Act-1881 are vintage laws, he said. “On the other hand, Land Survey Tribunal, State Acquisition and Tenancy Act-1950, Women and Children Repression Prevention Act-2000, Anti-Corruption Commission Act-2004 and Money Loan Act-2003 have many errors. The backlogs of cases have been increasing due to the weakness of these laws. These laws should be reformed considering the above issues,” the chief justice noted. The Chief Justice also said that the case management system under the digitalization of the judiciary is very effective in reducing the backlog of cases. The government has taken the e-judiciary project to provide the legal support at people’s doorstep, he said.