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Judiciary must protect itself for people and country

By Editorial Desk
20th-Mar-2017       
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The observation made by Chief Justice Surendra Kumar Sinha at a function of the Judicial Service Commission in the city on Saturday on the poor state of judiciary deserves attention from all quarters. His delivery in presence of the Supreme Court Judges and senior Judicial Officials came as an ultimate 'explosion' directed at some quarters of the government blocking the proper functioning of the Justice System in the country.

He has clearly blamed the vested quarters for misleading the higher authorities against independence of judiciary. They are trying to say an independent judiciary is an obstruction to the government. It is a universal truth that in absence of rule of law and abuse of power, militancy must grow and is growing. 

Giving wrong advice against democracy and rule of law began soon after independence and during Bangabandhu's time. The Chief Justice said the rule of law is under severe pressure denying fair justice to people at all levels.

What the Chief Justice SK Sinha has refrained from mentioning is that misleading advice is part of the plan not to allow the Parliament to function, the election not to be meaningful for prevailing peoples' vote. Now the judiciary must be made weak and subservient.

But the judiciary as the protector of the Constitution has its own strength and independent obligation to play its role as protector of the Constitution and the rule of law.

The judiciary has power of its own to send right signals to know where the government is going wrong.  To be weak in its role is of no help for its survival.

By encouraging conflict between the government and the judiciary, no good is being done to the government. The government will be more vulnerable without assistance of the judiciary. 
 
It is not just a matter of police for dealing with rising militancy in the country. When there is no open space to protest injustice and get fair justice, many get involved to bigger crime to become bigger threat to the society.

Chief Justice Surendra Kumar Sinha blasted the failure of the concerned government authorities, which have so far taken 65 extension of time since 1999 to issue the 12-point guidelines on the separation of the judiciary in the light of the landmark Supreme Court verdict in Masdar Hossain case. The judiciary has to be ready to face a greater challenge. It has to show its resistance and courage.

His Lordship the Chief Justice has said rightly that "If everything goes on in accordance with the Constitution and existing law; if the judiciary can work independently, the level of corruption and terrorism will decrease." The rule of law can only reduce the scope to misguiding the head of the government giving the wrong message, along with a campaign that the judiciary is an opponent to the administration. Because of their intervention, he said, his attempt to fill up vacancies of 300 judges is not getting cooperation of the government since the vested group does not want strengthening of the lower judiciary to try criminals.

Our view is the judiciary has to save itself to save the country from militancy, corruption and every kind of abuse of state power. The Constitution has made the judiciary the protector of the Constitution and now in this present crisis the judiciary has to play its constitutional role boldly and not let down the people.

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