Staff Reporter :
The judiciary loses public trust when it is perceived as lacking independence, said former Justice Moinul Islam Chowdhury, Chairman of the Commission on Enforced Disappearances. He was speaking at a discussion on the theme “Seventeen Years of Judicial Separation from the Executive Branch” held at the National Press Club’s Tofazzal Hossain Manik Miah Hall on Wednesday.
Organised by the Humanity Foundation, a volunteer human rights organisation, in collaboration with the monthly Ain O Bichar and Minouri Bangladesh, the event addressed the state of Bangladesh’s judiciary and the challenges it faces in terms of independence and public confidence.
Justice Moinul further remarked, “The current state of the judiciary reflects our collective failure.
Lawyers and judges are two sides of the same coin, and their cooperation is crucial for a well-functioning judiciary.”
He said, “Judicial independence will not yield desired results unless judges can think freely. Judiciary’s key characteristic is its accessibility, and it should work transparently to monitor the executive and legislative branches. Judicial harassment is one of the worst scenarios for justice.”
Law Reform Commission member Justice MazdarHossain underscored the need for the judiciary to be under the control of the Chief Justice. “We need a framework where all decisions regarding the recruitment, management, and discipline of judges are entrusted to the Chief Justice,” he said.
Justice Hossain also criticized the outdated legal framework, pointing out that Bangladesh still relies on laws like the Code of Criminal Procedure (CrPC), which was introduced by the British during colonial rule and subsequently abandoned by the British themselves.
He lamented that despite judicial independence being enshrined in law, it has not been fully realized. “In the past 53 years, no political party has enacted laws in the public interest; they have only legislated for self-preservation and power consolidation,” he said.
The discussion, chaired by Humanity Foundation Chairman Advocate Muhammad ShafiqulRahman, was also attended by former Supreme Court Registrar, District Judge, and constitutional analyst Iktedar Ahmed, among others.
