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LAW alter views

Separation of judiciary: the sooner, the better

Hybat Jan Chowdhury
Every nation has a legal framework of its own, i.e. the Constitution . It sets the basic rules by which the country is to be governed. Among many other essential fields in any type of governance the one that is considered absolutely indispensable for its healthy existence, sound stability, smooth running and unhindered continuation is the country's legal system. That is why in any democratic system we have the legislature where rules are framed and laws are enacted keeping in mind the welfare and well being of the people. Effective legal system, both on paper by legislation and on the ground by its implementation, is viewed as most vital in a true democratic governance. It has to strictly follow the law of the land, uphold complete independence and remain free from any interference from any quarter.
When one speaks of legal matters, legal system, legal problems and legal implications, one just cannot loose sight of the judiciary or the judicial system, because one is intrinsic part of the other and both together constitute an integral entity. One just cannot function without theother. Asoundjudiciary is the pre-requisite to an effective legal system. Here lies the essential and most vital need for an independent judiciary, the complete separation of judiciary.
The demand for the separation of judiciary from the executive Is not a new one. People, those who matter most and are genuinely concerned have all along been voicing their
concern and worry. We have already heard from the minister of law, justice and parliamentary affairs that it would take years to accomplish it. Is it so? How long people have to wait for such a thing to happen? Enough explanations and excuses have been put forward in order to justify the inability or delay. But why? Why the party when in power is found reluctant but when in opposition is seen venting loud cries for it?
The absence of an independent judicial system leads to many types of interference from various quarters that would impede the appropriate functioning of the judiciary and eventually fails to draw the people's trust and confidence that one expects to see. But the party in power finds it useful to meet its needs of the time. Hardly, if ever, do they realise that such a situation often throws the country's legal system into disarray and that is exactly where we have sadly found ourselves at present. And when the country’s legal system gets into such a state one could clearly see why and how the country's law and order situation is falling into such a pathetic plight. People find themselves helpless and now appear to have resigned to their fate although some faint hopes, even remotely, keepon lingering in theirhearts and minds that some day their dream of a peaceful life might somehow be fulfilled.
Few days back a media report revealed that some accused got bail at a time when the hearing of those cases was taking place at die trial court The report has also said that
some life-term convicts in seven separate murder cases have been released on bail recently. This reminds us of some locally familiar but popular sayings such as "pardon after seven murders", "cat turning into saint after killing seven mice". Once such people Le. the accused and the convicts move around scot-free, would it contribute to the improvement of law and order situation? And would the families of victims and witnesses of those cases be protected from undue influence, threat or harm emanating from the accused and the convicts? Perhaps the consequences of such actions have been overlooked or ignored by those who matter most and thus obviously fail to perceive what appalling results would ensue following the release of these convicts.
Once the country’s law and order situation goes out of control no amount of joint operation of police, army, BDR could ever bring back the required discipline and order. We are in dire need of proper discipline in every sector. Any legal action to bring in such kind of discipline ought to have some effective umbrella of a potent legal system, not only on paper but also on its implementation in the field. This is more the reason that the country's judicial system be separated from the executive and made completely independent without any further delay. The sooner we accomplish it the better it would be for the people and the government alike.
The author Is a former sanlor official ot International Civil Service.