‘Treat political ties of judges as misconduct’

The Judiciary Reform Commission has recommended that any judge showing political allegiance or expressing political views be considered guilty of misconduct and face disciplinary measures under the relevant code of conduct.

It also said judges must remain free from all forms of political influence and involvement.

Under the constitution, any judge of the Appellate or High Court Division of the Supreme Court can be removed from office for "misconduct" or "incapacity".

President Mohammed Shahabuddin removed Justice Khizir Hayat from his post as an HC judge for "misconduct" or "incapacity" under Article 96(6) of the constitution on March 18 this year, according to a notification issued by the law ministry on March 19.

The commission also stressed the need for political parties to make a clear commitment that they will not interfere in the selection of candidates in elections of bar associations and the Bangladesh Bar Council.

The commission said the SC must issue clear directions to prohibit gatherings, processions, demonstrations, boycotts, or besiege activities within court premises, in line with a 2005 HC judgment, and must ensure compliance with this directive.

In its final report, submitted to the chief adviser on February 5, the reform body, led by Justice Shah Abu Nayeem Mominur Rahman, proposed introducing an independent commission to appoint Supreme Court judges. This would prevent appointments based on political considerations and free the judiciary from the negative influence of party politics.

The report noted that the existing constitutional framework lacks proper provisions to safeguard judicial independence, leading to a growing trend of judicial politicisation over the last few decades.

It urged the formulation and strict enforcement of laws to regulate political programmes, including processions, rallies and sit-ins on court premises.

The commission also said lawyers must refrain from political activities that disrupt judicial proceedings. It proposed that such activities within court premises be deemed professional misconduct, with disciplinary action enforced through the Bar Council, requiring necessary amendments to the Bangladesh Legal Practitioners and Bar Council Order, 1972.

While the judiciary cannot be entirely detached from politics, its independence as an institution and the impartiality of individual judges must be ensured for the proper administration of justice.