“Ghosts” of executive power
The Supreme Court Bar Association has complained that the judicial magistrates are 'still acting under the directives of the executive' (The Daily Star, 7 January, 2008): a serious allegation indeed! It was hoped that after the separation of judicial magistracy from the executive, the 'impartial justice' would be established and people would get direct relief, as the luminous beginning impressed us in November, 2007. From the above report of the DS, it seems that in Bangladesh 'separation' could not ensure the 'independence' of the judiciary. Where is the problem?
The age-old mentality of yielding to the power-lobby can hardly disappear so quickly. Apart from this, the separation of the subordinate judiciary from the executive is NOT yet complete. The Ministry of Law is still, and by virtue of its functions will be, the executive organ of the government. But the majority of secretariat ranks (from Section Officer to the Secretary) are filled by the judicial officers. Why does the Supreme Court allow the 'officers in the judicial service' to serve under the executive control in the ministry?
We do not know when our judiciary will really get rid of the “ghosts” of the executive power'!
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