Chief Justice Sinha wants end to executive-judiciary 'conflict'

Chief Justice Surendra Kumar Sinha has urged the executive wing of the state to own the judiciary as he does not want any more 'conflict' between the two organs.

Justice Sinha made the comments at a programme in Chittagong on Thursday with several incidents of difference of opinion with the executive after he took charge two years ago in the backdrop.

At the inauguration of the Chief Judicial Magistrate Building, Justice Sinha spoke about conflicts between the judiciary and the legislation in other countries, and his experience.

He thanked Law Minister Anisul Huq for speaking about the rule of law earlier in the same programme.

"No conflict should be there between the bar, bench and administration to establish the rule of law. I have been saying so at all times," he said.

The top judge admitted there is tension between the executive and the judiciary in all the countries, "even in the US, which dominates the entire world".

"Barack Obama's (US president's) recommendation did not work during the appointment of a Supreme Court judge. The story is the same in England," he said.

Giving India's example, Justice Sinha said, "India's former chief justice (TS Thakur) shed tears in front of the country's prime minister. Their High Court and Supreme Court lack judges and they cannot appoint judges due to lack of coordination."

Recalling his India tour, he said, "When I went to India, President Pranab Mukherjee invited me to tea. He spoke about appointment of judges just after I had arrived there."

"This conflict is there, and it will be there," the chief justice said.

About establishing the rule of law, he said, "The Bangladesh government is helping much. But these help and cooperation won't be sufficient. The executive has to have develop this sense of ownership of the judiciary.

"Only making speeches won't work. If they (executive) do not own (judiciary) but say they have done it, the judiciary will never be able to do this (establish rule of law)," he said.      

"The executive knows very well what I’m trying to say. I don't want any more conflict. I want the executive to work by owning the judiciary. Many of the distances between us will go away if they do so," he added.

In the around 50-minute speech, the chief justice urged the government to constitute a national judicial academy to train top judges and look after the infrastructural need at the Judicial Administration Training Institute for other judges, law officers and lawyers.

Justice Sinha said 80 percent of the High Court judges in Bangladesh are picked from among lawyers.

"They are experienced in this legal profession. Bu they need practical experience of writing verdicts and other matters related to trial," he said.

"I urge the government to look after the matter. A national judicial academy is very much needed.

"I've spoken to the chief justice of India and made temporary arrangements to get our judges trained there. But it's unfortunate for an independent country to have its judges trained by foreign judges," he added.

Chittagong District and Sessions Judge Md Helal Chowdhury presided over the programme.