Change sought for BD judicial system

Sir Frank Peters

Corruption is a serious malignancy and a threat to every society, and hence, must be rooted out with ruthless ferocity, otherwise those who indulge in corruption become emboldened and others follow suit – Former Supreme Court Justice Imman Ali

Sir Frank Peters

The single cry that unites in heart and purpose those who participate in street demonstrations – irrespective of the issue – is that for JUSTICE.

The cry “JUSTICE” is very powerful and brought down a despot and her regime.

The expectancy of finding justice is innate and profound in the structure of all humans. All religions, bar none, tell us we will all face justice for our wrongdoings, whether in this life or in the next.

Justice is special and it’s the foremost duty of every government to deliver justice for all its citizens. Justice is akin to the air we breathe. It is a standalone feature free from all prejudices – short, tall, fat, thin, skin pigmentation, or religious beliefs – and intended to be universally equal for all.

Like our first season mangoes in Bangladesh and other Allah-provided delicious, beneficial fruits, however, man through greed has interfered, tainted, and corrupted its purity.

We have been eyewitness to many forms of injustices in Bangladesh over the years – reaching far beyond the last 15. Despite constant fervent denials, its evident there are two varieties of justice, one for the rich and one for the poor. Justice to the majority of people is like outrageously expensive Russian caviar; those who are poor have little or no hope of ever eating it.

In the annals of Bangladesh history, August 5, 2024, will be recorded as the day in which the nation was vigorously shaken awake from its deep hypnotic slumber of five decades of misdirection by the Anti Discrimination Students Movement’s impassioned loud screams “ENOUGH IS ENOUGH!”

Over the years many Bengalis had openly questioned, if this is the Bangladesh for which so many noble men and women, brothers and sisters, gave their lives in 1971? To many it didn’t seem worth the sacrifice. Now add to those the fallen heroes of July & August 2024.

It has taken Bangladesh 53-years to reach these crossroads and only Allah knows when the opportunity ‘to get it right’, will ever present itself again.

Muhammad Imman Ali

It’s an indisputable fact that every major building undertaken requires a solid foundation and the re-construction of Bangladesh is no exception. In view of its past history, Bangladesh would benefit immensely now from a Judicial Reform Commission to cleanse, repair, and overhaul the existing one and restore the confidence of the people.

In a recent interview, Muhammad Imman Ali a retired justice of the Appellate Division of the Supreme Court of Bangladesh, was asked what specific reforms he would propose to strengthen the judiciary’s autonomy from political influence, particularly during the period of the interim government.

He replied: “Judicial independence is dependent on three factors: (1) the existence of rule of law; (2) the integrity and moral strength of the judge; and (3) the lack of morals and callous disregard of the rule of law on the part of the controlling authority concerned.

“No matter what government is in power, it is essential that the rule of law is understood and ensured, not only for the litigant public, but also for the sustainability of democracy. Judges must be allowed to perform their duties free from any fear or influence. There must be acceptable salary structure, security of tenure of their jobs, freedom from influence, demoralising behaviour on the part of the controlling authority, by way of undue transfer and unfair demotion.”

He went on to say: “The most important aspect of reform in the judiciary is having a transparent justice delivery system in place so that corruption in the judicial system can be eradicated. This can be done using technology for automation and by streamlining procedures in order to cut out middlemen and reduce delays. Ways must be devised to reduce the huge backlog of cases now standing at about four million. Justice delayed, is justice denied. Bangladesh is about 50 years behind in the use of IT for case management,” he said.

Anti corporal punishment

Former Justice Ali is a pioneer in legal reforms and technology adoption in Bangladesh’s judiciary. He was Deputy Attorney General for Bangladesh from September 1998 to February 2001. Where he’s seen flaws and cracks in the system, he’s attempted to correct them, often to the annoyance and displeasure of those in authority above him. To benefit the nation and prevent horrific cruelty to children prevalent at the time, in 2011 he had the wisdom and foresight, and attempted to outlaw corporal punishment in all settings to children throughout Bangladesh – the nation’s alleged prized assets. But 13 years later the horror continues and Bangladesh is still not listed on the UNICEF’s internationally respected Roll of Honour.

His efforts in promoting mediation have been recognized with the International Mediation Award from the Africa-Asia Mediation Association in 2020. He has also been instrumental in promoting judicial transparency through e-filing, reforming prison systems and ensuring prisoner rights.

As a purveyor of justice, he is a prominent figure in children’s rights advocacy. He has played a crucial role in reforming laws, training legal professionals, and ensuring children’s rights are upheld. His work has been recognized internationally, earning him the “Juvenile Justice without Borders International Award” by International Juvenile Justice Observatory (IJJO), Brussels in 2014.

The noble justice is of the belief nobody should be above the law and does not condone the offering of protection even to judges, or sweeping their wrongs under the carpet, when they are in the wrong.

“There should be provision in place for an independent authority (Judicial Service Commission) to regularly assess and monitor the performance of every judge so that in case of failure to perform he may be warned and, if necessary, dismissed from service,” he said.  “The existing Annual Confidential Report (ACR) system is subjective, faulty, and unfair,” he added.

The former justice observed, “Governments will always try to manipulate/amend the constitution and laws to suit their political requirements. My personal view is that even the constitution is not engraved in stone and can be amended to benefit the people.

“What is essential is to retain checks and balances so that the judiciary can intervene when laws are made contrary to the provisions of the constitution, keeping in mind always that laws are made for the benefit of the people.”

Human rights

On Human rights violations, in particular crimes against humanity, he said it is essential they must be addressed in accordance with national and international law, otherwise the public will lose confidence in the legal system and people are likely to take the law into their own hands to avenge those violations.

“Corruption is a serious malignancy and a threat to every society, and hence, must be rooted out with ruthless ferocity, otherwise those who indulge in corruption become emboldened and others follow suit, ” he said

To overcome many existing judicial problems he suggests an independent Judicial Appointments Commission is established to ensure appointments of judges to the Supreme Court are made on merit, knowledge of the law, on written tests, also taking into account academic attainments, temperament, integrity, diversity etc.

“The same body would also monitor and periodically assess the performance and competence of the judges. The Constitution will need to be amended to allow for removal of judges for lack of competence/unsuitability. At the same time there must be security of tenure so that the judge may function without fear or favour,” he said.

(Sir Frank Peters is a former newspaper and magazine publisher and editor, a humanitarian, human rights activist, Honorary Member of the Bangladesh Freedom Fighters. Tarazi Mohammed Sheikh is studying law at Brac University School of Law, BD)