Separation of judiciary

Sharif Ahmad, Advocate, Supreme Court of Bangladesh
It is not still clear whether the ongoing process of empowering the executive magistrates with the cognisance taking power is the government's bowing down to the pressure from the executive officers or acceptance of any evil suggestion to grab the judicial power to use it as a tool of harassing the opponents of the government. It is shameful for everybody, especially for some partisan lawyers, who are trying to establish a rationale behind this unwarranted attempt with some misconceived and lame causes. It is argued that in times of emergency executive magistrats should have cognisance taking power to keep law and order under control. The argument seems to be totally baseless and motivated. Any person having a minimum knowledge about the legal system can easily understand that the power to arrest is enough to prevent any slide in law and order. Even after separation of the judiciary the police still have the power to arrest anyone or to prevent a cognisable offence. So, why the government needs cognisance taking power in its hand to use the same through the executive magistrate? The answer is that the government is trying to grasp this power as it is not willing to lose the weapon of oppression to be used against the political opponents on various pleas. It will also be fruitful to relieve the ruling party goons from their criminal liabilities. If this kind of deceptive persuasion or propaganda is resorted to by the government to create grounds and to create public support to have a black law, how can the people keep their faith in the much publicized slogan for change? Are we going back to square one?