SC: Executive is trying to cripple judiciary

Instead of strengthening the judiciary, the executive is trying to cripple it at the risk of disastrous consequences, says the Supreme Court. In the full text of the Appellate Division’s verdict that scrapped the 16th Amendment of the constitution, the court, describing the current state of affairs, said the judiciary was the only relatively independent organ of the state which was struggling to keep its nose above the water. “But it cannot survive for long in this situation.” The full text of the verdict, which took away parliament’s authority to impeach higher court judges, was published on Tuesday. The court observed that there was no law for selection and appointment of judges in the higher judiciary, nor is there any scope for training said judges. It emphasised the urgency of establishing a well-rounded mechanism for the selection and training of higher court judges. Compared to the standards of democracy, bureaucracy, freedom of speech, freedom of press and rule of law in mature democratic countries, Bangladesh still has a long way to go, the court observed. “There are no checks and balances, there is no watchdog mechanism at work, which gives the people in the position of power the leeway to indulge into the abuse of power,” it further said. “The state power, which is another dimension of political power, is becoming a monopoly of a few nowadays and this suicidal tendency is growing,” it added. “Needless to say, this was not at all the aim and vision of our liberation struggle. Our forefathers fought to establish a democratic state, not to produce any power monster.” The court observed that human rights are at stake, corruption is rampant, parliament is dysfunctional, millions of people are deprived of basic healthcare, mismanagement in the administration is acute, life and security of the citizens are becoming utterly unsecured, and the law enforcement agencies are unable to tackle the situation in the country. “The combined result of all this is a crippled society,” the apex court said. “In such a situation, the executive becomes arrogant and uncontrolled, and the bureaucracy becomes inefficient.”