Both the newly appointed Chief Justice of the Supreme Court and his predecessor yesterday appealed in unison for constitutional amendments to ensure the separation of the judiciary from (he executive branch of government and to guarantee independence of the judiciary.

Chief Justice M H Rahman and the man he succeeded yesterday former. Acting President Justice Shahabuddin Ahmed were speaking at a joint reception and farewell accorded to them by the Supreme Court Bar AssociaUon at the court premises

Referring to the current political impasse, the former chief Justice also urged the political parties to resolve the problems themselves and not to Involve tlie Supreme Court in it. "Please don’t come to our courts with your political problems." he said.

"The Judiciary is not totally independent." Justice Shahabuddin said while point ing out that the constitutional provisions in Articles 116 and 109. relating to the judiciary, contradict each other In that one places the authority to promote and discipline subordinate fudges with the

President and the other places the authority to supervise and control the subordinate courts with the Supreme Court.

"Until Article 116 is amended people will never think that the Judiciary Is independent." he asserted. The constitutional provisions (relating to the Judiciary) should be reverted to the earlier state, as in the 1972 Constitution."

Chief Justice Rahman also concurred. "There Is great ambivalence In the minds of our lawmakers about the place of the Supreme Court in the

Constitution." he said.

He pointed out that the constitutional provisions relating to the judiciary have so far been changed 20 times since the 1972 Constitution came into effect.

Referring to a pending bill in Parliament on the separation of the judiciary from the executive, he said “If the members of Parliament pass the Bill then it will be a great work done."

Presided over by M Hafizullah, president of the Supreme Court Bar. Attorney General Aminul Huq and the former presidents of the association also spoke on the occasion. Ozair Faruk, secretary of the Association, conducted the function.

The bar presented a gold-plated crest to Justice Shahabuddin in "recognition of the services rendered to the judiciary and to the nation" while bouquets were also presented to both him and the incoming chief justice.

Judges of the Appellate and High Court divisions of the Supreme Court and members of the bar association were present on the occasion.

Justice Shahabuddin Ahmed further noted that Article 95 places the authority to appoint judges of the Supreme Court in .the President, but traditionally the Chief Justice is consulted in such matters.

However, he pointed out-that the traditional consultation was not done while appointing Judges in February last year. But bowing to public opinion, consultation with the chief justice .was held later, he added.

Justice Shahabuddin lamented that the Fifth Parliament is facing problems in completing its full term while recalling how he had hoped that this Parliament would be able to fulfill its full term, which none of the others were able to do. when opening the first session as the Acting President in 1991.

“We had set an example of free and fair polls during the 1991 elections and I had hoped that this Parliament would be able to complete its full term." he said. "But what I see today makes me feel that it would have been better if I had . died before returning to the Supreme Court. Then 1 wouldn't have had to see this dismal state of affairs."

Urging the political parties to resolve the«current impasse. Justice Shahabuddin. in an. indirect reference to the resignation of the Opposition MPs. noted that there are two constitutional provisions to recall members of a dissolved parliament: at times of war and during an interim period before the next elections are held.

The former head of the country's Judiciary also called for enhancing the remuneration and benefit packages of the judges which, he said, are currently "very inadequate". He also suggested establishing government law colleges to improve the standard of legal education, and for setting up of a judicial officers' trainipg Institute.

He urged the Bar Council to Implement stricter enrollment procedures for lawyers and to be more strict in punishing professional misconduct.

Referring to the frequently as^ed recent questions about his future plans, the former Acting President categorically said that he has no intention of entering politics. >But as a citizen of this country I won’t hesitate to express my opinion."

Responding io the felicitations.' Justice Muhammad Habibur Rahman said the law relating to contempt of court should be amended in light of the freedom of speech. ,

"No judge Is above criticism ... I think the right to criticise the opinion of a judge is part of citizen’s freedom of speech, he said, adding ihat the Constitution ensured the freedom which is subject to reasonable restriction.

Stressing informed criticism from the prevailing "free Journalism", he said the arm of the law is long enough to punish the abuser of the freedom of press.

The Chief Justice said although the Supreme Court protects the Constitution and enforces citizen's fundamental rights. _the power of Supreme Court is limited.

"It Is to work under laws ... Justice cannot be done where there is no one to shed tears for a victim. " he said, blaming the "Inherent limitation in the nature of legal proceedings" for it.

Justice Rahman, however, observed that with innovative advocacy a counsel can persuade a judge to. do Justice even in a hopeless case.

Chief Justice Rahman noted the language problem in the courts where the lower courts use Bangla while the higher courts use English.

"The discord between the superior courts and the subordinate courts over the question of language of judgements must not be allowed to continue for an indefinite period." he said, in a written text.

"Our present day Judgements suffer from linguistic dualism and lose its lucidity. Somehow we are doing our job. We are not doing it well.’’ he said and suggested that Judgement should be written in Bangla so that it is read over to an illiterate people.

He called for undertaking research work on people's orientation towards the law while noting that ways to conform to international human rights norms is also an important question to look into.

Justice Rahman in his ad dress also sought assistance and full cooperation from the Attorney General and the members of the Bgr in uphold mg the prestige and honour of the Court of Record

The function was also ad dressed among others, by Attorney General Aminul Huq and past presidents of the

Supreme Court Bar. Justice T H Khan. Barrister Syed Ishtiaque Ahmed, Khandker Mahbubuddin Ahmed. Dr Rafiqur Rahman. Kazi Golam Mahboob and Shamsul Huq Chowdhury.

The speakers described Justice Shahabuddin Ahmad as a sincere, dedicated, honest, punctual and good soul during his long 40-year career, including eight months in the office of the Acting President from December 1990 to October 1991.

They said Justice Shahabuddin. as the head of state and government, and also' as the Chief, Justice of the Supreme Court, had done so many great deeds for which he would be ever remembered.

They also described new Chief Justice Mohammad Habibur Rahman as a scholar as well as a patriot who proved himself during the great Language Movement.

Justice TH Khan said Justice Shahabuddin contributed a lot to the restoration of democracy as well as set an example for posterity. He hoped Justice Mohammad Habibur Rahman would also be able to make commendable contribution during his tenure.

barrister Syed Ishtiaque Ahmed described Justice Shahabuddin as a legend as the Acting President of the Republic and said he would remain the conscience of the nation for a long time.

Advocate Shamsul Huq Chowdhury said Justice Shahabuddin has always been a powerful personality because of l he virtues of his character. He said Justice Mohartlmad Habibur Rahman is a man of parts who has already proved himself a farsighted person

Kazi Golam Mahboob said Justice Shahabuddin had proved by his own qualities that free and fair elections could be held in a country like Bangladesh He hoped that Justice Mohammad Habibur Rahman would also give the nation a positive guideline.