Judges' power shrinks during military rule
Says chief justice
The powers of judges become restricted during the martial law regimes since the constitution remains either suspended or abrogated during these periods, Chief Justice Md Muzammel Hossain said yesterday.
It is difficult for judges to deliver justice to litigants if the constitutional continuity and the rule of law remain absent, he told a meeting organised on the occasion of the launching of KDIN (Kamal Uddin Hossain, a former chief justice) Foundation for Legal Aid and Social Advancement at the capital's Westin Hotel.
Citing examples of Pakistan's judicial trends, Justice Muzammel said the judgments delivered during military regimes and democratic rule were different, as the constitution was suspended during the martial law periods.
He said a change had come into the judicial system of the country because lawyers now placed long arguments during hearing at the Supreme Court. The future will tell whether this is good or bad, he added.
The chief justice said judges were now trying to uphold the constitution and ensure justice for people.
He also noted that cases were disposed of quickly in court in the past
The chief justice stressed the need for proper legal advices to litigants by their lawyers so that people do not need to move to court. If disputes are solved socially and through compromises and discussions, people do not need to resort to court, and they will not suffer, he added.
Noting that Justice Kemal Uddin had to discharge duties as chief justice from 1978 to 1982 amid a turbulent situation in the country, former chief justice ABM Khairul Haque said those who were in the judiciary were perhaps losing their mental strength and values on a large scale.
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