Misinforming PM leads to judiciary-admin chasm: Chief justice

Chief Justice Surendra Kumar Sinha has alleged that a certain quarter is out to create a chasm between the judiciary and the administration by providing wrong information to Prime Minister Sheikh Hasina.

“A certain quarter is creating a chasm between the judiciary and the administration. Some small problems of the judiciary are wrongly being presented to the PM. An impression is being given that judiciary is a rival to the administration,” Justice Sinha said.

He was speaking as the chief guest at the inaugural ceremony of the ‘online registration application system’ of the Judicial Administration Training Institute on Saturday.

“It’s a total misconception. Judiciary had never been a rival to the administration. I hope, the officials dealing with judicial affairs should not provide the PM with the wrong information,” he also said.

“They should provide correct information so that the judiciary and the administration can function smoothly,” he pointed out.

Pointing out the need for cooperation between the two branches of the state, the chief justice said: “if the relationship between the judiciary and the government is not harmonious the latter will suffer.”

“If those who are in government and the executive branch come forward then a coordination between the judiciary and the administration can be established.”

“If the government and the administration realise this then there will be no misunderstanding in future,” Justice Sinha added.

The chief justice’s comment came amid a ‘tug of war’ between the two ‘organs’ of the state over publishing gazette notification of the service rules for the judges of the subordinate courts.

Claiming that the judiciary is failing to discharge its responsibilities as per its constitutional authority, Justice Sinha said, “The judiciary is not allowed to function as per its legal authority. If the judiciary could work that way, then there will be no crime, corruption and terrorist activities in the country.”

“The judiciary will come forward when a political government fails to operate as per the Constitution. Otherwise, civility will disappear from the country,” he added.

Justice Sinha said, “There is some haughtiness in the thought process of the political government. The judiciary comes to play a role here. Otherwise, the administration could conduct trials.”

Pointing out the killing of Bangabandhu and jail-killings, the Chief Justice said: “After both the murders, the politicians tried to give the indemnity, but the judiciary came forward that put them on trial.”

Regarding the war crimes trial, he said, “When we started the trial after 44 years of the independence there was an uproar all over the world questioning the trial. They spent millions of taka (to derail it).”

“Their propaganda even swayed some of the so-called pro-liberation people here, and they even joined the clamour. But the individuals involved in the trial process remained calm. They continued their work. Now there is no criticism, nowhere in the world.”

Dissecting the history from the Pakistan period, Justice Sinha said, “It’s out people who have done the damage to the judiciary. We have done the damage (more than anyone else).”

He also said that “we have fewer judges compared to the number of cases. The ratio imbalance is higher than any other country in the world. When 307 judges’ posts are vacant, there must be a deadlock in case disposals.”

He mentioned that six district judges, nine additional district judges, 16 joint-district judges, 123 assistant district judges and 159 judicial magistrates' posts are vacant.

He said that ‘online application registration system’ should have been started much earlier. The government is talking about digitisation and spending money on it but there was no fund allocated for the digitisation of the judiciary, he alleged.

“The digitisation of administration is being expanded up to the Union Parishad level. But when it comes to the digitisation of the judiciary, we sought help from the UNDP. This is regretful. It could be done much earlier it the government had the willingness.”

Chairman of the Bangladesh Judicial Service Commission and Appellate Division Judge Hasan Foez Siddique chaired the meeting.

Justice Siddique dubbed the current Judicial Service Commission the most successful and demanded that the Commission should have its own building.

Appellate Division Judge Md Abdul Wahhab Miah said that the ‘online application’ would facilitate the recruitment procedure and make it much more transparent.

From now on, anyone can complete registration online visiting www.bjsc.gov.bd website for taking part in judicial examinations.

High Court judge Justice Quamrul Islam Siddique, Judicial Administration Training Institute Director General Justice Khondkar  Musa Khaled, and Attorney General Mahbubey  Alam, among others, delivered speech at the programme.

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