The year 2019 saw many remarkable judgments, orders, and directives, to uphold justice but eminent lawyers think the delivery of justice has not improved or developed much.
Absence of good governance helps in the continuation of human rights violations in the country but swift justice dispensed by the courts is yet to be seen, they said.
Supreme Court lawyer Barrister Jyotirmoy Barua said access to justice for the public has not developed much and has seen deterioration in some cases.
“The violation of human rights takes place due to the absence of good governance. Though the lower court has given some important judgments which helped increase the trust people have in the judiciary, but it is the media who played a key role there,” he said.
“The judiciary has to run at its own pace. Strong measures for ensuring quick justice by the judiciary were not seen in the year 2019,” he added.
The higher judiciary (Supreme Court) gave some important verdicts but they also did not appreciate constructive criticism, Jyotirmoy Barua added.
On the other hand, Barrister AM Mahbub Uddin Khokon, secretary of the Supreme Court Bar Association and pro-BNP backed lawyer said the situation was going downhill as the independence of the judiciary has not seen any advancement.
“Prime Minister Sheikh Hasina, a few days ago, said the judiciary has to run in proper coordination with other state organizations, but how can an independent judiciary cooperate with other state bodies?” he questioned.
As the previous governments did not do anything to formulate a policy to appoint judges to the High Court, the appointment of ruling party backed judges continues, Khokon said.
“Only those related to the government secure justice,” he asserted.
Supreme Court Bar Association President AM Aminuddin said the Supreme Court doled out many suo moto and public interest litigation judgments in 2019, including food adulteration and the Jahalam scam.
The chief justice has taken action against three sitting justices and affidavit section officials of the Appellate Division for corruption. These types of measures will help increase the faith of citizens in the judiciary, he said.
Important judiciary milestones of 2019
Chaos in courtroom:
In an unprecedented incident, a six-member Appellate Division bench expressed embarrassment and left the courtroom on December 5, after a three hour long chaotic scene caused by pro BNP lawyers over the rescheduling of the bail hearing in the Zia Charitable Trust corruption case.
The lawyers became agitated and started protesting in the courtroom after the Supreme Court bench fixed December 12 to hear the petition seeking bail for incarcerated BNP Chairperson Khaleda Zia.
On December 12, the Supreme Court rejected Khaleda Zia's appeal petition.
SC holds back 3 judges from judicial duties, asks for news not to be published
On May 22, the Supreme Court asked three High Court justices – Salma Masud Chowdhury, Quazi Reza-ul-Hoque, and AKM Zahirul Hoque – to refrain from their judicial duties following a primary investigation of them on allegations of misconduct.
In the incident of “the three judges scam” that took place earlier on May 16,the Supreme Court issued a circular requesting that news about sub judice matter not be published or broadcast.
Milk debate, food adulteration, and water supply
After a long hearing on pasteurized milk, the High Court bench on July 28, ordered 14 registered companies — including Milk Vita, Pran and Aarong — to stop production, distribution, and sale of pasteurized milk across Bangladesh for five weeks.
But within three days (July 31) the Appellate Division’s chamber judge declared all 14 pasteurized milk brands safe for production, distribution, and sales across Bangladesh.
Although, on May 12, the High Court had ordered the authorities concerned to withdraw 52 products from the market, found to be substandard in tests conducted by the Bangladesh Standard Testing Institution (BSTI). The court also ordered the Water Supply and Sewerage Authority to ensure the supply of pure drinking water in pipelines to people, especially the poor.
File photo: Bangladesh, one of the most densely-populated countries in the world, has been struggling with air pollution for a long time, while Dhaka has continued to rank among the most polluted cities | Mehedi Hasan/Dhaka Tribune
Air pollution
On January 28, the High Court in response to a writ, ordered the Department of Environment (DoE) to conduct mobile court drives twice a week against parties causing air pollution in the capital .
File photo of jute factory worker Jahalam, who has spent the last three years in jail instead of the real accused in 33 graft cases | Focus Bangla
Jahalam scam
On February 3, the High Court directed jail authorities to immediately release wrongly convicted jute factory worker Jahalam who was sent to jail three years ago for 26 corruption cases, instead of the real culprit.
HC issues rule on extramarital affairs
The High Court on July 8 issued a rule on the issue of extramarital affairs, asking why the penalty for extramarital affairs in Section 497 of the Penal Code should not be declared unconstitutional and illegal.
File photo of Nusrat Jahan Rafi, an Alim examinee and student of Sonagazi Madrasa in Feni, who died on April 10, after being set on fire on April 6 | Dhaka Tribune
Verdict on Nusrat murder, Holey Artisan tragedy
A Feni court on October 24 sentenced 16 people to death in the case filed for the murder of madrasa student Nusrat Jahan Rafi, who refused to withdraw a sexual harassment case against her institution’s principal.
A Dhaka court on November 27 delivered the verdict in the Holey Artisan Bakery attack case, sentencing seven New JMB militants to death and acquitting one of all charges. The court ordered hanging them until death, fining them Tk50,000 each.