Dhaka – Chief Justice Surendra Kumar Sinha has demanded an end to the dual administrative procedure that slowed down Bangladesh’s justice delivery system.
He, in a statement on the occasion of 9th anniversary of separation of judiciary from executive, wanted the constitutional provision, approved in 1972 to ensure independent judiciary to be restored.
The Chief Justice said the existing Article 116 of the constitution is one of the reasons for slowness of the judiciary in Bangladesh.
“The control (including the power of posting, promotion, and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the President and shall be executed by him in consultation with the Supreme Court,” reads the article.
It is not possible for the Supreme Court alone to accept the activities- -its subordinate courts’ judges’ promotion, transfer and disciplinary actions due to article 116 of the constitution, the chief justice said.
He added judges cannot be appointed to the vacant posts in many district due to the dual rule.
“For these reasons, the judicial proceedings are hampered and the sufferings of litigants increase,” he observed in the message.
The judiciary was separated from the executive on November 1, 2007 under the Supreme Court directives in Masdar Hossain case popularly known as separation of judiciary case.
He said the independence of the judiciary will be strengthened if article 116 of 1972 is reinstated.