Bangladesh, though it had witnessed an eventful 2007 amidst the emergency, postponement of general election, human rights violation and the arrest of some senior most political leader, ended the year with some positive initiatives for empowering judiciary in the poverty stricken country. Waiting for the general election within this year, the South Asian country had attracted international media attention, while its interim government separated the judiciary from the administrative clutches.
In fact, it was a big leap in search of quality democracy for Bangladesh, which had emerged as a sovereign country in 1971. Amidst apprehension against the military backed caretaker government, which took control over the country on January 12, the great news broke from the land of Bengalis. The populous country, surrounded by India, Burma and the Bay of Bengal, was in global media on November 1, the day its interim government announced the formal separation of its judiciary. And the declaration came from none other than Dr Fakhruddin Ahmed, the chief adviser to the caretaker government in a function held in the capital city Dhaka.
Inaugurating the Dhaka District Judicial Magistracy and Dhaka Metropolitan Magistracy, the chief of the government flagged off the journey of an independent judiciary in Bangladesh. "It is a great day for the nation," said Dr Ahmed, a former World Bank official, turned the head of the interim government, adding, "The judiciary is fully independent of the executive from today and from now the courts and the judges will establish rule of law without the interference of the executives."
The ceremony in the capital city coincided with the celebrations in 64 district judicial magistracies and three metropolitan magistracies of Bangladesh as well. The government has already created a total of 4,273 posts for the judicial magistracy (including 655 posts of judicial magistrate) to facilitate an effective and independent judiciary system in the country.
The civil society, media and the political parties of Bangladesh welcome the development. Haroon Habib, a Dhaka based freedom fighter turned journalist said, "The separation of judiciary was an epoch-making step, and should be considered a major milestone in Bangladesh's judicial history despite the fact that it was done when there is no political government." Appreciations came from its development partner countries like the US, UK and Germany saying that was as an important step towards strengthening democracy in Bangladesh.
The Supreme Court of Bangladesh ruled in favour of separation of the judiciary (from the executive) eight years back, but it was implemented by neither the government of Sheikh Hasina (1996-2001) nor that of Begum Khaleda Zia (2001-2006). The Awami League government of Ms Hasina had reportedly initiated a few positive steps to honour the directives of the apex court (though failed to complete the process), but the Bangladesh Nationalist Party led government of Begum Zia did nothing in this direction.
Bangladesh has now two sets of magistrates namely judicial and executive. According to the amended criteria (Code of Criminal Procedure), the judicial magistrates, primarily the judicial officers will run the courts hereafter in the country. They will be appointed by the Supreme Court and also be liable to the apex court of the country. The executive magistrates, including the deputy commissioners have been stripped of judicial powers and will exercise only executive powers.
As Bangladesh does not have provinces (thus avoiding power sharing with the province chief ministers), the deputy commissioners emerge as the most powerful executives after the Prime Minister of Bangladesh. They were however overburdened and those executive magistrates had to perform their duties in a complex structure. While their primary responsibilities remain as revenue collectors, they have to play the role of administrators too. In addition, the executive magistrates had to deliver justice, though most of them lacked credible knowledge of law.
The challenges now lay ahead of the judges and other judicial officials. Barrister Mainul Hosein, the Adviser for Law, Justice and Parliamentary Affairs to the caretaker government described, "We (the government) have separated the judiciary from the interference of the executive not as a favour to the judges, but to assign them with the heavy responsibility of upholding justice and contributing to good governance as contemplated by the Constitution."
The initiative to get the judiciary separated in Bangladesh received momentum following the Supreme Court directive that came after a writ petition filed by Masder Hossain (who was then a sub-judge in Dhaka) with hundreds of other colleagues in 1995. The High Court on May 7, 1997 delivered the verdict in favour of the separation of judicial services from other services in Bangladesh. The country's finance ministry appealed against the verdict in the Supreme Court. But the apex court dismissed the appeal and pronounced its judgment on December 2, 1999 detailing a 12-point directive.
The British during their colonial rule in the Indian sub continent (comprising today's India, Pakistan, Bangladesh and parts of Burma) introduced the magistracy, where collectors were empowered with judiciary authority. It was in fact with an inherent aim to maintain direct control over the magistracy by the colonial government.
The demand for separation of judiciary started gaining momentum in the time of colonial rule itself. Awami League, since its inception in 1949 raised a voice for separation of power and it continued even after Bangladesh was created. The provision for separation of judiciary was introduced in Bangladesh's constitution saying, "The state shall ensure the separation of the judiciary from the executive organs of the state."
Soon after the government declaration (of separation of judiciary in Bangladesh), a satisfied Masder Hossain asserted that the initiative would prove a success in due course of time. Answering queries of local reporters, Masder Hossain (now a judge) added, "Oppressed people suffered a lot of harassment on way to get justice. I only wish with the separation of judiciary, justice seekers get fair justice swiftly without spending much."
But the suspicion and confusion about the new legal system are still paddling in the minds of the people. Mustafa Kamal Majumder, the editor of The New Nation, a Dhaka based daily says, "It is definitely a long felt demand met. But the question arises, how efficiently the sufficient number of judges (more precisely to talk about the quality) are appointed to fill the void left by administrative officers."
Statistics reveal that 484,832 cases (as of February 28) are pending with the courts of magistrates across Bangladesh that has a population of over 140 million. Moreover, for a layman, justice delayed is always understood as justice denied. The amazing trial of strength of the independent judiciary in Bangladesh will lie on how it deals with the trials of some very prominent politicians including the two former premiers (Begum Zia and Ms Hasina), who are presently serving jail terms for corruption and misuse of power during their respective reigns.
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Nazmul says on 2011-10-23 05:39:05 about Case Law
You will be happy and proud to know that our office, Chancery Research and Consultants (CRC-Trust), a socio-legal research organization has developed the first ever search able inter-active Bangladeshi online case law database (www(dot)clcbd(dot)org). This is a unique and innovative initiative in the legal history of Bangladesh. Due care has been taken so that this Website benefits people from all strata including judges, lawyers, researchers, academics, law enforcement agencies, journalists, human rights activists, students, entrepreneurs, corporate houses having in-house legal department and lawyers and mass people of the society, both at home and abroad. Exciting features include judgments of the Appellate Division & High Court Division of the Supreme Court of Bangladesh, Law Dictionaries (both judicial and legislative), Latin Terms and Phrases, Abbreviations, Directory, Law Journal, Career, Scholarship, Blog, Forum, Chat room, Delegated Legislation, newly enacted Laws, Policies of the Government of Bangladesh, Forms etc.
You will be happy to know that we have already included more than 4600+ Judgments delivered by the Appellate & High Court Division of the Supreme Court of Bangladesh in the website and as a continuous process the website is being regularly updated and developed which, with your support, will turn to be the Legal Encyclopedia of Bangladesh in the near future.
The peoples says on 2009-07-04 07:30:50 about reg. accountability
With the emergence of Bangladesh People’s expectation & aspiration were for democratic system with arrangement of accountability in everywhere and fair law like TORT LAW to combat malpractices and repression of people.
But all are frustrating till date
Several Lac Suits / Litigations are pending in Court due to illegal occupation of land ignoring documents and title right by Miscreants, Government or Semi Government Organization like Railway Department, City Corporation or Municipality.
Such are happened in whole country and in DHAKA CITY .
Officials of Land Survey ,Settlement Office and their Subordinate Office are responsible for such activities as they prepare records & issue parcha in favor of land occupier ignoring deed & title right. depriving the actual s land owner. Intentionally.
It shall continue till TORT LAW are allowed as valid law in Bangladesh like USA, EUROPE COUNTR, INDIA & NEPAL .
TORT LAW also protect poor people becoming more poor due to repression
Correction of records & parcha through Court is matter of life long litigation & an expensive system ,which common people can not bear meantime the face of land changes.
MINISTRY OF LAND , MINISTRY OF LAW; HOME and LOCAL GOVERNMENT may take action at earliest possible time to abolish LAW OF POSSESSION RIGHT without any valid document or title right.
And shall also allow the application TORT LAW in Bangladesh without any delay to established accountability & prevent malpractices
And Government can know the pictures of the whole country if some Non- Government Organization like the NGO’s are permitted to conduct survey from Union level to the Dhaka City with arrangement of spot correction of the malpractices of Survey or Settlement Officials till date .
No extra fund will require for the Government ,but will create opening to know the anomalies or malpractice of the officials of the above Department.
It will be highly appreciated if you kindly circulate the above in all level for creating awareness among the people and international community as well as Patriot Political Worker. Leader or Intellectual Group, & Policy Maker of the Country .
The Peoples
peoples says on 2009-06-12 00:48:57 about reg. accountability
There may be MORE THEN TEN LACKS suit / litigation pending in the Court of Bangladesh which are increasing everyday
Many of the litigation or Suit are due to force full occupation of land of innocent land owner ignoring documents and title right by Power full Groups and Local Miscreants (Commonly known as Social Worker) most of such occurrence are happened in whole country and largely in DHAKA CITY
Surprisingly Government Organization like Land Survey Department , Settlement Office and their Subordinate Office are also responsible for such activities as they issue records & parcha to the force full occupier ignoring right full ownership of land
And due to ABSENCE OF TORT LAW in Bangladesh and lack of accountability of the official , correction of such land records through the the Existing System of Court is matter of few Generation or a life long litigation , by this time the face of land changes to different shape with the help of above mentioned concern and many of the Murder , Killing are also responsible for such activities,
Our MINISTRY OF LAND , MINISTRY OF LAW; MINISTRY OF HOME & MINISTRY OF LOCAL GOVERNMENT may kindly take action at earliest possible time to help and stop such process by abolishing Law of POSSESSION RIGHT or the related laws and shall take immediate steps to kindly adopt or application of LAW OF TORT in Bangladesh. For THE GREATER INTEREST OF NATION ,
And Government may have details of the statistics country wide if some Non- Government Organization like Micro Credit Operator or other NGO working at root level are allowed to conduct survey from union level to the Dhaka City .
No extra fund will be required for allocation by the Government but will create opening to know the entire statistics of anomalies or malpractice of the above department .
It will be highly appreciated if you kindly circulate the above in possible way for creating awareness among the people and international community as well as Patriot Political Worker . Leader or intellectual group of the Country .
Peoples
Ferdous Al Bashir ASIF says on 2009-02-22 01:10:18 about Judiciary
still There are some defects in our judicary system.
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Suffering Groups says on 2009-01-16 04:24:50 about An Appeal
SUB : AN APPEAL FOR JUSTICE TO SAVE FROM OPPRESSIVE LAWS
Dear Sir,
From 1972 after independent, Bangladesh Nationals started to establish Industries investing family resources ,using Innovative Technology as self earner to achieve Economic Freedom & to create jobs for millions of unemployed when almost everything was damaged due to Liberation War and These Entrepreneurs are commonly know as 1st ( first ) Generation Industrial Entrepreneur of Bangladesh
Government also started to help these fast growing PRIVATE SECTOR INDUSTRIES AS IMPORT SUBSITUTES and for EXPORT having fund from International Loan Giving Agencies which were distributed through different Banks from 1979
Unfortunately the Owners of these Industries became helpless victims of deep rooted conspiracy, continuous harassment and Anti Propaganda. The Bank officials refrain themselves from ascertaining production capacity of imported machineries and to provide required working capital loan in time extending non-cooperation harassment, negligence and fraudulent activities. And all these have been done willingly just to jeopardize the Government Industrial policy as well to terrorize the Owners of Industries of Private Sector finally to occupy the Mortgage Properties of the owner of the Industries under Private Sector. s
Due to such activities Hundreds and Thousands of Industries were destroyed by Bank Officials and Policy Maker.
Over and above capitalizing the Illiteracy, Ignorance and Extreme Poverty of Bangladesh Citizens .Most of these laws were forced upon the Citizen including, Owner of the Industries of Private Sector in co-operation with their alliances who are busy to convert Bangladesh a Bottom less Basket Again
Due to such activities most of the Industries have became in-operatives and have lost their Cash Capitals, Expatriate Capabilities and became helpless victims of oppressive laws. Due to absence of minimum accountability from Banking Sector to the office of Land Survey Departments / Directorate.
In 1992 & 1996 Government of Bangladesh identified and registered many Industries as SICK INDUSTRIES declaring not as Defaulter of Bank Loan but victims of Violation of Contract , Negligence , Fraudulent or Malpractices of Bank Officials. And Policy Maker due to Lack of Accountability. And the matter of Lack of Accountability at every stage of Bangladesh is no more a hidden Matter.
THE HELPLESS OWNERS OF INDUSTRIES ARE LOOKING FOR JUSTICE, BUT THE DOOR OF FAIR JUSTICE ARE CLOSED Due to Enactment of a Law Know as ARTHA RIN ADALAT ACT ( Bank Loan Recovery Act ) on 1989 which were amended on 2003 and 2007 .
Bank Ruptcy Acts were also enacted on 1997 depriving the Owners of Industries under Private Sector from not only basic right but also from fair justice like those of Colonial Period WHEN THE HANDS OF THE PRODUCER AND TECHNICIAN OF MOSLIN FABRICS ( which were only produced in Bengal of undivided INDIA) were cut down to stop production of Finest Fabrics by Bengali Technicians and Producer.
But surprisingly the ARTHA RIN ACT are not applicable for Nationalized or State Sector .where BILLIONS OF DOLLARS are spend till today without any accountability.
Out of Total of outstanding defaulted Bank Loans, about 60 to 70 % are lying with Nationalized / State Sector and less then 10 % are lying with Small and Medium sized Industries of Private Sector of Bangladesh. And Bank Official can explain well about the remaining of the Loan Amount.
THE LAW OF TORTS & LAW OF CONTRACT ARE MOST COMMON LAW , BUT APPLICATION OF THE SAME ARE RESTRICTED IN BANGLADESH .
Due to which BANGLADESH HAS BECOME A HEAVEN FOR REPRESSION / EXPLOITATION Forcing the process to increase Poverty line in Geometric Ration & also helping the process of Lawlessness and Human Trafficking .
The Owners of Industries of Private Sector can not claim any set - off or compensation on the same suit as filed by BANK OFFICIALS or THE LOAN GIVING AGENCIES for Loan Recovery under Artha.Rin Act . for VIOLATION OF CONTRACT , NEGLEGENCES , Malpractices of Bank officials / Policy Maker.
AS A RESULT NUMBER OF SICK / DISTRESSED INDUSTRIES are increasing in every year due to lack of accountability of Bank Officials and Policy Maker .
BANK OFFICALS / LOAN GIVING AGENCIES HAVE BEEN ALLOWED TOTAL INDEMNITY OF LAW for violation of contract , negligence, Fraudulent Activities , . These have been done to hide out existing high profile malpractices and corruptions as per opinion of Expert Personals.
The Owner of Industries of Private Sector have no Legal Right to protect themselves from the oppression of Bank Officials & Policy Maker and these are no more hidden matter ,rather a part of the on going conspiracy to make Bangladesh a Bottom Less Basket.
Although in neighboring countries Like INDIA there are “ DEBT RECOVERY TRIBUNALS (DRT)”FOR LOAN RECOVERY where the Owner of Industries or Borrowers are allowed to claim Set off orCompensation in same suit as filed by the Banks or Loan Giving Agencies or Owner can run compensation suit simultaneously also .
But in BANGLADESH Owner of Industries or Other Borrowers of Bank Money are completely deprived of any such opportunity rather provision have been to hide out corruption , negligence, fraudulent activities of Bank Officials as per opinion of Expert Personals giving TOTAL INDEMNITY OR LICIENCE FOR UNENDING CORRUPTION OR MAL PRACTICES & Violation of Contracts & negligence .,
And Owner of Industries or Borrowers of Bank loans are completely deprived of any type of JUSCTICE. Common people are also facing another type of repression UNDER CERTIFICATE CASE for realization of Government Taxes . small loan of farmers , weavers etc ,
Industrial Entrepreneurs can only file a separate suit for compensation in a separate Civil Court which will be a matter of life long litigation .with no result .
As per Artha Rin Act nothing can be raised against the Order or Decree of Artha Rin Court to Higher Court and also without Payment of 50 % of the suit value or Decretal Amount,
The door of appeal or revision are closed denying the Legal right of Owners of Industries. As per Sections 12, 12 ( kha) , 18(2) & (3) , 19, 20,21,33, 34,40,41,42,44, 47 and 50 of Artha Rin Act.
And these are contradiction/ conflicting with ARTICLE 8, 15, 26, AND 27 of BANGLADESH CONSTITUTION AND THE GOVERNMENT INDUSTRIAL POLICY AS ADOPTED TIME TO TIME .
There are no other alternative way , but to draw the attention of concern Authority of Bangladesh Government including PATRIOT INTELLECTUAL PERSONS, POLITICIAN AND LEADER OF CIVIL SOCIETY AND INTERNATIONAL COMMUNITY TO VERYFY the above and help for restoring EQUAL RIGHT for JUSTICE . and to help to Protect the Owner of Industries including Workers and Staffs of Industries who are already in Distressed Condition due to lapses of Policy Maker an Bank Officials and of the Oppressive Laws .
And to help to restore the accountability in all organizations including BANKS & other Loan Giving Agencies for the greater Interest of Nations please Circulate our humble appeal among Honorable Members , Partners of your organizations or in your News Bulletins and in Printed or Electronic News Media for Transmission this appeal among all organizations working for HUMAN RIGHT , DEMOCRATIC RIGHT and to PREVENT LEGAL ABUSE and OPPRESSIVE LAWS and also to consider the followings :
1-. Humble Appeal before the Government of Bangladesh to allow Owners of Industries to claim SET OFF or COMPENSATIONS for Negligence , Violation of Contract , Fraudulent or Malice Activities in the same suit filed by Bank or loan giving agencies for recovery of Loan Money similar to DRT ( DEBT RECOVERY TRIBUNALS ) OF INDIA
2- Considering the heavy Loss / Damages of Government Registered & Identified SICK INDUSTRIES of 1992 & 1996 of Private Sector may be allowed 100 % weaver closing all Pending Suits for recovery of Loan unconditionally .
3- The Existing System of Mortgage of Landed Properties .for getting Loan need to be completely abolished .to remove ever growing corruption , malpractices and fraudulent Activities which exist in Banking Sector and are much Proven Facts for the greater interest. of the Nation .
4- All pending Suits in Atrha Rin Court may kindly be transferred to Civil Commercial Court abolishing Sections 12, 12( kha) , 18(2) & 18(3), 19,20,21,33, 34,40,41,42,44,47 and 50 of Artha Rin Acts including Sections 28 ( Kha) of Banking Company Act Creating Democratic Opportunities similar to DEBT RECOVERY TRIBUNAL S ( DRT ) of INDIA for the end of JUSTICE ..
5- And to take immediate steps to abolish the system of CERTIFICASE CASE which are nothing but abuse of LAW and worst one like that of COLONIAL RULE .
6- It is also necessary or imperative with the change of time to omit or abolish ARTICLE NO - 47 and Article No - 144 of BANGLADESH CONSTITUTION as both are conflicting to the DEMOCRATIC SYSTEM and FREE ECONOMY CONCEPT .
Suffering Groups of Owners of Industries of Bangladesh.
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