was pronounced, but in this long period three consecutive governments respectively haveonly sought 22 extensions of time.Finally the last CG in a landmark move on January 16, 2007 published the gazettenotifications of four rules relevant to separating the judiciary from the executive.Ending all conjectures concerning smooth transition, the judiciary has finally been madean independent organ from November 1. This is undoubtedly a milestone that has beenachieved to advance and ensure greater judicial independence and thereby establish ruleof law in the country.
Judicial Independence in Bangladesh:
Apparently, judicial independence often begins as a contradict voice, and always requiresobservant protection. Independence of judiciary
means a fair and neutral judicial systemwhich can afford to take its decision without any intervention of executive or legislativeorgan of the government. Independence of judiciary truly means in accordance with their own sense of justice without submitting to any kind of pressure or influence is it from theexecutive or legislative or from the parties themselves or from the superiors andcolleagues. Independence of judiciary depends on some certain conditions like mode of appointment of the judges, security of their tenure in the office and adequateremuneration and privileges.According to the rules and the amended Code of Criminal Procedure, the country hadfrom 1
November two sets of magistrates judicial and executive to deal with differentfunctions. The country will also have separate criminal courts which are courts of sessions and of magistrates as well as all of them will be run by judicial officers.It is impossible to ensure the rule of law, upon which other human rights depend, without providing independent courts and tribunals
to resolve disputes independently. Thecomplete independence of judiciary is the first major step in the process of itsdevelopment.
The need for separation:
A state is primarily comprised of three organs- the executive, the judiciary, and thelegislature. The legislature refers to parliament, which is responsible for making laws.The judges, courts and the trail events are together called the judiciary, which ensuresthat the laws are adhered to by the government and the citizens of the state.It may be evident why the political parties delayed the process for so long from the factthat the judiciary, especially the lower judiciary, was used by the parties in power for their self-interests. ‘The reining political party often uses the judicial system, to harassthe opposition party.
Hossain Mollah1 Awal, Separation of Judiciary and Judicial Independence in Bangladesh, August 2007.
david, walker (1980),
Oxford Companion to Law
, Oxford University Press, pp. 1239