Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Monday, January 1, 2018 10:58:07 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Supreme Court Day today

6 Sr lawyers express grave concern over undermining judiciary

Share your thought
Post a comment »
Read all () »

Staff Reporter :
Six Senior Lawyers of the Supreme Court of Bangladesh have expressed grave concern over the disciplinary rules for the lower court judges regarding which the government recently issued a gazette notification.
The six lawyers in a joint statement said that the protection extended by that decision to the independence of the judiciary has been undermined by three cardinal Rules as are to be made under Article 115 and 116 for the subordinate judiciary now framed under Article 133 under the Executive Chapter, thereby treating the Judges of the subordinate judiciary having been made subordinate to the Executive Branch.
They have reminded that " We are observing Supreme Court Day on 2nd January 2018, in commemoration of the opening of this Supreme Court by Bangabandhu Sheikh Mujibur Rahman on 18th December 1972. At this juncture the Supreme Court is without its Head (Chief Justice) and judicial organ of the Republic continue to remain without the Chief Justice."
The rules have "thus violated the scheme for separation of power further sanctified by the judgement in Masder Hossain Case. Those Rules as are mandated under the Constitution now framed in a non-transparent manner and without due deliberations, nor following effective consultations with both Divisions of the Supreme Court of Bangladesh," they said.
Dr Kamal Hossain, Barrister Rafiqul Huq, Barrister M Amir-ul Islam, Barrister Mainul Hosein, Advocate A F Hassan Ariff, Barrister Fida M Kamal signed the statement issued on 31st night in 2017.
The statement was issued on the occasion of observing Supreme Court Day today (2nd January, 2018) for the first time under the banner of "Our Message on the Supreme Court Day."
The statement said, "The subordinate judiciaries' appointment and transfer have thus been placed under the Executive Branch (Chapter-II- The Prime Minister and Cabinet). This being done while the seat of Chief Justice kept vacant creating a void thereby in the Republic itself. In the process judiciary has been placed under the authority and control of the Executive Branch taking the country back in 1999 in the Pre 'Masder Hossain' era."
 It added, "Yet, on this occasion we feel proud in sharing the rich heritage of Bangladesh Supreme Court while protecting and defending fundamental rights of the people also rose to the occasions in preserving, protecting and defending the Constitution along with integrity, independence and separation of Judiciary, with particular mention to some of those judgments, among many others, (a) holding the Eighth Amendment of the Constitution purporting to fragment the High Court Division having been declared as ultra vires to the unitary character of the Republic when the High Court Division was fragmented in Seven Divisional Head Quarters, (b) the Fifth & Seventh Amendment Case, declaring Martial Law proclamation ultra vires to the Constitution, (c) the decision which saved the Chittagong Port from being leased out for over 100 years to a foreign company, (d) the decision which declared void the voters' list which had contained more than 1,40,00,00 false votes in 2007 and indeed the recent judgment holding the Sixteenth Amendment (parliamentary removal of judges of Supreme Court) to be void. These landmark decisions continue to act as the beacon light for upholding the supremacy of the Constitution for all times to come by defining & identifying basic structure of the Constitution which are not amenable to any amendment."
  "What then are we to celebrate on Supreme Court Day other than to seek unitedly and with determination, mobilizing all our efforts to be united on the basic structure of the Constitution to be protected for safeguarding the rights of the people based on universal consensus for an independent & competent judiciary guaranteed and protected by the Constitution, not to be subordinated by the executive Branch in any manner," also read the statement.

Add Rate

News Archive

Inside The New Nation

International »

Fugitive Catalan leader asks Spain to restore his government

AP, Madrid :Catalonia's fugitive former president has called for Spanish authorities to open negotiations regarding the restitution of what he calls his "legitimate government."Carles Puigdemont said via social media channels from Brussels on Saturday that Spain should "recognize the election results of Dec. 21 and start negotiating politically with the ...

Football »

Dybala scores brace as Juve, Napoli pull clear in Serie A

AFP, Milan :Paulo Dybala scored a brace as champions Juventus won 3-1 at Verona to keep pace with Napoli as Serie A's leading duo pulled clear of pursuing Inter Milan, Roma and Lazio on Saturday.Napoli won 1-0 at Crotone on Friday to secure the symbolic title of winter champions as ...

Sports »

Golden State Warriors forward Kevin Durant (35) drives against Memphis Grizzlies forward Brandan Wright (34) during the second half of an NBA basketball game in Oakland, Calif on Saturday. The Warriors won 141-128.

Editorial »

Education system is worst sufferer of incompetence

The whole system of education has been damaged beyond repair under the present government. The examination results at pre-university levels are manipulated at the direction of higher authority. Even manipulation could not hide the fact that the overall JSC examination results this year suffered a significant fall both in terms ...

Entertainment »

Oindrila again busy with acting

Entertainment Report :After a long time break, late Bulbul Ahmed’s daughter Oindrila again became engage with acting. From childhood she has been stepping forward according to her father’s way. She started her acting career through father's interest. So, despite having a long time break she again became busy with acting. ...

Entertainment »

Like mother, like daughter

Entertainment Report :Shanila Islam is granddaughter of Khan Ataur Rahman. Her mother is noted singer Rumana Islam. Shanila is also stepping forward with her maternal grandfather and mother’s way. She herself wrote lyrics and composed its music. Title of the song is Joto Jai Bolo. Autumnal Moon has coordinated its ...

City »

Commerce Minister Tofail Ahmed speaking at a prèss conference on 'Dhaka International Trade Fair' at the fair venue in the city on Sunday.

International »

South African parliament failed to hold Zuma accountable for scandal

Reuters, Johannesburg :South Africa's Constitutional Court ruled on Friday that parliament had failed to hold President Jacob Zuma to account over a scandal related to state-funded upgrades to his home, and must launch proceedings that could remove him from office.The ruling is the latest judicial setback for the scandal-plagued Zuma, ...

Sports »

Indiana Pacers center Domantas Sabonis (11) goes to the basket against Chicago Bulls forward Lauri Markkanen (24) during the second half of an NBA basketball game in Chicago on Friday.

Entertainment »

Shakira cancels tour due to `injury`

Colombian pop star Shakira cancelled the remainder of her world tour because of a problem with her vocal chords and said she hoped to be back on stage in June of next year."Though I very much hoped to be able to recover my vocal chords in time to pick the ...

Editorial »

India`s friendly act: Bengalies are listed as Bangladeshis !

IN an attempt to detect and deport illegal immigrants, mainly Muslims, Indian authorities have mobilised around 60,000 police and paramilitary troops in the sensitive border state of Assam -- ahead of the publication of a list of citizens. Such ill-motivated scheme to 'detect and deport illegal immigrants' was in fact ...

Cricket »

England frustrated by Warner, Smith and rain

BBC Online :Rain halted England's push for victory on the fourth day (Friday) of the fourth Ashes Test in Melbourne.Australia were 103-2, still 61 behind, when bad weather intervened for the second and final time to wipe 43.1 overs off the day midway through the afternoon.The home side had been ...

Entertainment »

Gal Gadot shares her most heartwarming moment of 2017 and it is something to do with Wonder Woman

To many, Gal Gadot gave one of the most precious moments to comic book fans this year by taking probably the most iconic superheroes of all time to the big screen.Gal Gadot, who played Wonder Woman/Diana Prince in this year’s blockbuster movie Wonder Woman, has revealed the most heartwarming moment ...

City »

BNP Standing Committee Member Amir Khasru Mahmud Chowdhury, among others, at a meeting on 'Politics, Interest and Independence of Bangladesh: Role of Neighbours' organised by 'Desh Banchao Manush Banchao Andolon' in DRU auditorium on Friday.


Editorial »

Biotech rice to multiply production again

THE discovery of new biotech rice is indeed a good news when existing high yield rice varieties are facing slow down in production from growing loss of their growth potentials. Scientists at Bangladesh Rice Research Institute (BRRI) have been able to develop the first biotech rice variety when the country ...

Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Write a comment to this news