The Bangladesh Judicial Service Association has said that certain proposals in the Public Administration Reform Commission’s report, submitted to the interim government, pose a barrier to establishing an independent judiciary.
This was mentioned in a statement issued on Thursday, signed by the association’s president, Amirul Islam, and general secretary, Muhammad Mazharul Islam.
According to the statement, the commission’s report recommends granting district commissioners (DCs) the authority to receive complaints under CR (Court Registrar) case procedures as district magistrates.
They would have the power to direct upazila officials or local eminent persons to conduct arbitration or investigations.
If the preliminary investigation deems a complaint valid, the DC could instruct the police station to register the case, which would then proceed through the proper judicial process.
This, the report argues, would make it easier for citizens to file complaints and reduce the burden of minor disputes on the courts by resolving them outside the judicial system.
However, the Judicial Service Association strongly opposes this recommendation, calling it constitutionally unacceptable, a direct interference in judicial independence, a violation of modern welfare state principles, and contradictory to the decentralization of power.
Furthermore, it conflicts with the landmark Masdar Hossain case verdict.
The association asserts that the constitution has vested sovereign judicial authority in the judiciary.
A key aspect of modern governance is the separation of powers and the establishment of an independent judiciary.
The acceptance of criminal complaints is a judicial function that should not be under the executive branch.
The country's highest court has already ruled on this matter in the Masdar Hossain case.
The statement further mentions that such recommendations from the Public Administration Reform Commission reopen a settled issue, creating unnecessary controversy.
At a time when various steps are being taken to ensure effective judicial independence and justice following significant structural reforms, such proposals contradict public aspirations.
The journey toward an independent judiciary in Bangladesh has been long and challenging.
Despite overcoming various obstacles, the judiciary was officially separated from the executive on November 1, 2007.
However, the association states that true judicial independence has yet to be fully achieved.
The Judicial Service Association strongly protests against any actions that undermine judicial independence and categorically rejects the controversial and conflicting proposals of the Public Administration Reform Commission.
