Law Event
Selection process of judges should above politics
“There should be no political consideration in the selection process of judges. We practice this in the UK. In this regard a comparative study on the existing system of the United Kingdom and Bangladesh judicial appointments may be helpful. By and large most people don't know whether anybody of any party has been appointed or not.” These remarks were made by Mr. Michael Sayers, General Secretary, Commonwealth Association for Legal Reforms Agencies at a working dinner of the Bangladesh Institute of Law and International Affairs (BILIA) auditorium on February 08, 2006.
In his remarks he mainly focused on the existing procedure through which they can fairly and freely assess, select and recruit suitable candidates. On issues of legal and judicial reforms and share the experience of the United Kingdom and the Canadian jurisdiction in matters of appointment of judges and the independence and separation of judiciary, BILIA organised this session.
Barrister Amir-ul Islam expressed his unhappiness at lack of transparency in the appointment of judges in Bangladesh legal framework. Criticising the existing system of Caretaker Government, he underlined supreme necessity of reforms to ensure free and fair election in Bangladesh, the sine qua non, of the growth and development of the nascent democracy in Bangladesh.
“If you take the Judiciary on the shoulder of the Supreme Court slightly emancipated but deficient in management, deficient in training, deficient in manpower, and deficient in administration, then the overall scenario will not undergo any change. This is a work of two or three generations of lawyers and judges. It is very difficult to introduce anything new” former Chief Justice and present Chairman Law Commission of Bangladesh justice Mustafa kamal said.
Mr.Lionel A Livert Q.C. Director Bangladesh Legal Reform Project-Part- A also explained the judicial appointment in Canada emphasising their check and balance system.
Barrister Mainul Husein opined that while appointing judges, their academic career with their commitment for establishing justice and rule of law should be examined. He stressed on building certain mechanism so that nobody can pollute the justice system. Former chief justice and BILIA President Habibur Rahman also made fruitful contribution to the session. BILIA Director Wali-ur Rahman moderated the session and he underlined the importance on such interaction for the growth and development of law and jurisprudence in a country which will ultimately accounts for good governance, accountability, transparency and systematic strategic issues affecting Bangladesh and its well-being. Among others, Barrister, Barrister Rokanuddin Mahmud, Advocate ABM Nurul Islam, Dr.Shirin Sharmin Chouudhury, Barrister Tanzibul Alam were also present at the programme.
-Law Desk
