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Published : 31 Aug 2023, 11:49 AM
Outgoing Chief Justice Hasan Foez Siddique says that any nation will have to endure ‘dark times’ if it loses faith in its judiciary.
Siddique warned against the polarisation of lawyers in courts and emphasised the importance of protecting the independence of the judiciary. He also urged judges to remain free of political affiliations and to ‘follow their conscience’.
The chief justice is set to retire from the bench after serving for nearly two years as the head of Bangladesh's judiciary. Siddique will turn 67 on Sept 25, which is the constitutional age limit for holding the office of chief justice.
But as the apex court will be on vacation during that period, Thursday will be the final working day of his judicial career.
In line with tradition, the Attorney General's Office and the Supreme Court Bar Association will organise a farewell event for him in Court Room No. 1 of the Appellate Division.
“The judiciary is the heart of the republic,” Siddique said in his farewell address. There is no better test of excellence than the skill of the state’s judicial branch.”
“The people of the nation may lose faith in the legislative or executive branches, but if they lose faith in the judiciary, they will have to face dark times.”
He stressed the necessity to enforce the absolute supremacy of the law, stating, “If the judiciary fails or retreats from enforcing the law impartially, the state and its people will suffer.”
SIDDIQUE URGES LAWYERS TO ELIMINATE DIVISIONS
The chief justice also emphasised the independence of the judiciary and the need for solidarity among lawyers.
Divisions between lawyers in the judiciary can obstruct the rule of law, he said.
“The judiciary will fare well if political ideologies are handled in the realm of politics while being the judiciary remains at a safe distance,” he said.
“As the bearers of the grand thoughts and spirit of welfare that went into our Constitution, we have a noble national responsibility to ensure that all laws and legal proceedings in the country reflect the spirit of the constitution.”
The Constitution has established and ‘independent and impartial’ judiciary, the chief justice said.
"It is the responsibility of every organ of the state and every citizen to enforce that independence. If they fail to fulfil their duty, the blood of 1971 will be spilt in vain.”
A strong and independent judiciary is essential for a strong democracy, he said.
“The foundation of democracy is the rule of law and complete independence of the judiciary. Judges should free themselves from the political winds and resolve judicial matters by fully adhering to the constitution, laws and their own judicial conscience.”
“The people must have immense confidence in the independence of the judiciary. Otherwise, people's rights will not be protected and their freedom will be endangered.”
Siddique also said that the law should maintain a ‘touch of humanity’.
“If the law oppresses the poor and the rich can control the law, the state and the judiciary are not functioning properly,” he said.
The chief justice said he had tried his best to motivate judges so people can get justice at a low cost and in a short period of time.
“I have tried to ensure that those unfortunate people who seek justice can find relief when they come to the courthouse.”
Justice Siddique was sworn in as the 23rd chief justice of Bangladesh on Dec 31, 2021.
As per Article 96(1) of the Constitution, a chief justice may hold office until the age of 67.
Born on Sept 26, 1956 in Kushtia, Justice Siddique began his journey in the legal profession in 1981 after enrolling as a lawyer in the Dhaka Judge's Court.
He began practising in the High Court Division in 1983 before becoming an advocate of the Appellate Division in 1999.
In 2009, Siddique was permanently appointed to the High Court Division as a judge and in 2013, he ascended to the Appellate Division as a justice.
Justice Siddique has been serving as the chairman of the Bangladesh Judicial Service Commission since 2015.
His elder brother, Abu Bakar Siddique, is also a retired judge of the Appellate Division.
