New Chief Justice Syed Mahmud Hossain made a pledge Sunday that he would always try to uphold harmony between the three organs of the State.
Replying to felicitations from the Supreme Court Bar association and the Attorney General at the packed courtroom of the Chief Justice, he said that to be able to forge ahead on the path of development a country needs to have mutual cooperation between the legislature, the executive and the judiciary.
Deficit in cooperation between these organs, he said in his 10-minute speech, was bound to hamper any country’s development efforts.
At the outset of his prepared speech in Bangla, the Chief Justice said ‘Bangabandhu Sheikh Mujibur Rahman was the best Bangali in the last 1,000 years.’
Article 95(2) of the Constitution, said the Chief Justice, makes it mandatory for the country to enact a law for the appointment of
Supreme Court judges.
He also made the pledge that he would do everything possible for him to establish the rule of the law and justice for all on firm footings.
He reminded the SC judges to discharge their duties keeping the Constitution in front of them.
Framing the Code of Conduct for the Supreme Court judges would be unnecessary, said the Chief Justice, only if the judges conduct their judicial duties in accordance with their oaths.
He said that he would, as the Chief Justice, expect to get the same cooperation from the bench and the bar, he got from them when he was a judge of the High Court Division and the Appellate Division.
He said that the bench and the bar being two arms of a bird one becomes useless without the other.
The new Chief Justice requested lawyers not to unnecessarily seek time and avoid the tendency of seeking adjournments of hearings.
He said that the lawyers should keep it in their minds that the litigants lose their confidence on the judiciary if their cases remained unresolved for long.
The Chief Justice said he would take steps to increase the SC budget and appointment of judges in keeping with the ratio of the cases.
He said that he would also take the initiative to establish a national judicial academy for training judges.
The Chief Justice said that he would make sure that SC judges would punctual in attending and leaving their courts to utilize the court hours.
The Chief Justice sought government’s co-operation to enable the judiciary use information technology comprehensively.
He said that he delivered his speech in Bangla as it’s February, the month of Language Movement and also in remembrance of the Language Martyrs.
He said February was the lucky month for him as he was appointed as an additional judge of the High Court Division in February 2001.
In February 2011, he said, he was elevated to the Appellate Division.
And in February 2018, he was appointed as the Chief Justice.
SCBA president Zainul Abedin said that in the changed context the SCBA felicitated the new Chief Justice though the bar always opposed the practice of appointing the chief justice superseding senior judges.
He said that the new chief justice faces the challenge of restoring people’s confidence in the judiciary by establishing the rule of the law and human rights.
He said that the Chief Justice faces the challenge of healing the bruises suffered by the judiciary.
The SCBA president sought interference from the new Chief Justice into political uncertainties facing the nation with thousands of innocent oppositions political leaders and activist becoming victims of harassments being implicated in fabricated and politically motivated cases.
He urged the chief justice to restore the High Court Division’s power to grant anticipatory bails.
He said that the method being followed now in appointing SC judges only tarnished the image of the judiciary, which was hampering the administration of justice.
Attorney General Mahbubey Alam blamed what he called some of the High Court Division judges as well as a section of the lawyers for the bench officers’ ‘rampant corruption.’
He said that the situation reached a dangerous point with some of HC benches earning the reputation that they existed for a group of lawyers.
As a consequence, he said, litigants were withdrawing briefs from senior lawyers and to give them to a group of lawyers who alone could bring them relief.
He said that litigants also give their briefs to judges’ wives or children who practice law for the same reason.
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