The Supreme Court alone should have absolute control over the subordinate courts to ensure smooth operation, the Transparency International Bangladesh (TIB) says in a report.
Dual administrative control system over the courts was creating challenges, the report – ‘Subordinate Court System of Bangladesh: Governance Challenges and Way Forward’ – released on Thursday noted.
It pointed out that the lack of coordination at the administrative level between the Supreme Court and the Law Ministry was causing delay in some cases when implementing or taking initiatives regarding the subordinate courts.
In some cases, the ministry was implementing decisions or proposals even after the Supreme Court had scrapped them. For example, the ministry sending judicial officials on deputation for training abroad despite a Supreme Court ban.
TIB said the dual administrative control system was also creating impediments to ensuring independence of the judiciary.
The research noted that before the separation of the judiciary from the executive, the public administration and home ministries were tasked with appointing judges, their transfer and promotion.
Currently, these responsibilities lie with the Ministry of Law, Justice and Parliamentary Affairs. This is creating dangers of influencing the activities of the subordinate courts in some cases.
TIB collected information from 18 districts for its report. Its Research and Policy Department’s Shammi Laila Islam and Assistant Programme Manager Nazmul Huda Mina presented the report.
This article was first published on Bangla Tribune