Empowerment of executive magistrate
A bill of criminal procedure code titled 'Code of Criminal Procedure (Amendment) Act 2009' is now on table of the present session of parliament to empower the executive magistrates. That creates great suspicion and confusion, whether the present government really wants to separate the Judiciary from the Executive. It is our ill-luck that in the year 1972 our heroic people framed a constitution where it was clearly stated that the Judiciary must be separated from the executive and our political leaders including the father of the nation Bangabandu Sheikh Mujibur Rahman said in parliament, “Judiciary shall be separated from the administration to ensure Justice for people.” People of this country are still waiting after long 38 years for real Justice and effective separation of Judiciary from the Executive. One of the framers of our constitution, Mr. Suranjit Sen Gupta MP, is now also the Chairman of the present parliamentary committee and the daughter of Bangabandhu is now the leader of the house. It is very much clear that some vested quarter is working for undermining the spirit of the historic Supreme Court verdict on separation of judiciary on a lame argument, that without the Magistracy power administration cannot run effectively, which is not true.
The legislature makes the law, the Judiciary interprets the law and the Executive enforces it. Bangladesh Constitution is a unique Constitution in the world and the framer of our constitution inserted Article-22, which runs as follows- "The state shall ensure the separation of the Judiciary from the Executive organs of the state."
The people of this country have a bitter experience from the British Colonial rulers to the Pakistani regime and in the independent Bangladesh how the Magistracy was run. So it is my humble submission to all concerned including our parliament members: raise your voice against this bill to save our Judiciary.
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