Bangladesh’s judicial independence suffered a major setback with the repeal of the Supreme Court Secretariat Ordinance 2025 and the lapse of the Supreme Court Judges Appointment Ordinance 2025, former High Court Division justice Moyeenul Islam Chowdhury said on Monday, warning that the developments created an “anomalous and chaotic situation” and “do not bode well for the nation.”
Speaking at a seminar on judicial independence in Dhaka, the former justice described the repeal and lapse of the two ordinances as “regressive steps,” arguing that parts of both laws had already been implemented, including judicial appointments.
The seminar, titled “The importance of a fully independent judiciary in Bangladesh,” was jointly organized by Dhaka Tribune with support from the Royal Norwegian Embassy in Bangladesh at Six Seasons Hotel in Dhaka.
Jurists, lawyers, academics, diplomats and civil society representatives attended the event.
Justice Moyeenul said judicial independence could not be ensured through institutional safeguards alone, stressing that judges must also possess “mental independence” and moral courage.
“Institutionally the judges of the Supreme Court are independent. Now let me ask you a question, are all the judges of the Supreme Court mentally independent? The answer is in the negative,” he said.
“In my view, the independence of a judge is his mental state,” he added, saying judges must have “the guts to challenge the people in the corridors of power for violation of the fundamental rights of the people.”
Norwegian Ambassador to Bangladesh Håkon Arald Gulbrandsen said judicial independence was a universally accepted principle essential for justice and fairness.
“Judiciary should be free from all forms of political or other unwanted influence because judiciary is the last resort for citizens to get justice and fairness,” he said.
Badiul Alam Majumdar, chief executive of SUJAN, said judicial independence had long enjoyed political consensus in Bangladesh, but implementation repeatedly remained elusive.
“Judicial independence in our country is something everybody wants, but unfortunately it has become elusive for us,” he said.
Constitution and human rights expert Barrister Sara Hossain stressed that independence must go hand in hand with transparency, accountability and protection of fundamental rights.
“We should be committed to ensuring an independent and effective judiciary that protects fundamental rights and liberties,” she said.
BNP International Affairs Secretary Barrister Nasir Uddin Ahmed Ashim said judicial independence in Bangladesh remained “a work in progress” decades after constitutional commitments were made, adding that genuine independence ultimately depended on the mindset of judges themselves rather than only institutional reforms.
“Independence is within you. Unless and until you feel you are independent, you will never be able to achieve independence,” he said.
Advocate Mohammad Shishir Manir, legal and constitutional expert, said genuine judicial independence rested on fair appointments, financial security and institutional capacity.
“Without proper appointment systems, adequate resources, and institutional support, judicial independence remains impossible in practice,” he said.
Sarwar Tushar, deputy chief of the Reform Implementation Committee of the NCP, warned that the repeal of key judicial reform ordinances signalled a concerning policy shift.
“We are seeing a backward trend in judicial independence, where settled issues are being reopened instead of moving forward with a clear roadmap,” he said.
UNDP Resident Representative Stefan Liller said judicial reform in Bangladesh required a long-term and coordinated vision involving both the judiciary and the executive.
“It would be important for both the judiciary and the executive to have a longer-term strategy on judicial independence that sets a clear path forward over the coming years,” he said.
Constitutional and human rights expert Barrister Rashna Imam said true judicial independence required freedom from executive, legislative, financial and external pressures, while also cautioning against rushed reforms.
“To be truly independent, the judiciary must be free from all influences when it renders its verdicts,” she said, adding that public confidence remained the judiciary’s core source of authority.
Nazmul Ahasan, executive editor of Netra News, said judicial independence could not be achieved in isolation from broader political and institutional realities, emphasizing the need for transparency and public access to restore trust.
He said “lack of transparency is a major hindrance to increasing public confidence and trust in the judiciary” and argued that digital openness of court records and proceedings was essential for modern judicial accountability.
Dhaka Tribune Editor Reaz Ahmad said Bangladesh had made major progress since the separation of the judiciary from the executive, but important gaps still remained.
“The subordinate judiciary still relies on the Ministry of Law for administrative and financial resources rather than having an autonomous secretariat managed entirely by the Supreme Court,” he said.
The event was also attended by Mirza Hassan, Dr Sazzad Siddiqui, Md Rezaye Rabbi Zayed, Romana Schweiger and Dr Noor Mohammad Sarkar, among others.