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Judicial independence-Lessons from Past

Human Rights Desk


After the independence of Indian subcontinent from British colonial ear or even after the independence from Pakistani regime back in 1971, the concept of separation of power or independence of the judiciary has received a more different dimension.

The same concept has been reflected in our constitution as well. The concept has gained a more advanced stage in bringing the judiciary itself under the umbrella by requiring the allegations of misconduct, impropriety, and infirmity of Supreme Court judges to enquiry and review.


Maintaining the legitimacy and independence of the judiciary is a difficult task in any country and Bangladesh is not a different to it. Any deviation from the principle of independence of justice and rule of law bring the judiciary in question and the government as well. The judiciary as a body includes the Bench and the Bar. The citizenry of the country is not only the witness of the issue, rather they play a pivotal role to play in judging the role of this highest place of justice.


We have lot of incidents where the judiciary has been brought to question. It has frustrated the concept of justice and more so the people at large. But unfortunately enough, we have not learnt from our past. Neither do we take the lessons of our glorious past of the country.


It is true that with all evils, though, our supreme court has played significant role in building national history. Our judiciary has once gained the international admiration for their judges and the acumen of those judges in their role. Whenever possible, the Supreme Court has proved a bold and courageous role against many political excesses.
Today, for us, it the time to rebuild and refurbish those glorious memories. By many political chaoses, it has been invited, introduced and mixed with our odd-political arena.

We could not safeguard our judiciary from the partisan political mindset in the delivery of justice and even in the role to be played in country. It was supposed to establish a check and balance in the country and the society and in the governance of the country, which in many occasions been missed.

15 Nov 2012   05:37:59 AM   Thursday
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