Independent judiciary crucial for democracy
In his farewell speech on August 31, 2023, outgoing Chief Justice Hasan Foez Siddique spoke of his belief that a strong and independent judiciary is indispensable to a strong democratic system. He argued that the courts should be kept at a safe distance from political ideologies, and warned against outside influences over the judicial process, saying, "It cannot be said that the state and the judiciary are operating in the right way if the laws crush the poor and the rich crush the laws."
We wholeheartedly agree with these comments, and appreciate his acknowledgment that all is not well in our legal system. However, his words would have been better received had they been followed up with the necessary actions during his term. We cannot in good conscience argue that enough has been done to ensure the independence and impartiality of our legal process.
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Article 22 of the constitution says that the state shall ensure the separation of the judiciary from the executive organs of the state. All citizens are equal in front of an independent judiciary, with the right to receive justice for wrongdoings committed against them, even and especially if they are committed by those in or connected to the state. Yet, more and more, we see our legal system being used to advance questionable agendas instead of the rule of law. The continuing denial of bail to harass journalists, rights defenders and even ordinary teenagers accused under the draconian Digital Security Act (DSA) is an example of this.
Incredibly long delays at court, lack of protection for witnesses, outdated legal processes, massive case backlogs, the corruption that has infiltrated our institutions including the law enforcement agencies, and the oversized influence of rich and powerful actors – all of these and more continue to strike at the integrity of our legal system. The terrifying end result of this can only be a loss of faith in justice and the rule of law.
With the national election just around the corner, it is now even more imperative for the state to demonstrate its commitment to an efficient legal system, without which we cannot have a functional democracy. At the same time, we urge all the legal actors to uphold their loyalty to the constitution and the rule of law and free themselves from outside influences. Only a fully independent judiciary can fulfil its responsibility as the heart of a people's republic and the protector of every citizen's human rights.
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