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Appoint efficient judges or stop it, Bar asks CJ

Staff Correspondent
The Supreme Court Bar Association yesterday asked the chief justice to appoint efficient judges to the High Court or stop appointing judges if does not find competent people.
The Bar members across the political divide at a general requisition meeting took a resolution to that end and are likely to submit a memorandum to the chief justice (CJ) tomorrow, asking him to take the necessary step in two weeks' time. They will send a copy of the memo to all Supreme Court (SC) judges.
In an unprecedented move, the lawyers practising in the highest tier of the judiciary also accused some judges of the criminal motion benchesofbelow-parperformance.
The case disposal rate of the benches is very low, said Barrister Rokanuddin Mahmud, president of the Bar Association, elaborating on the poor performance.
He said the benches take one hourto dispose of a case or an application that other benches can do in 15 minutes. "Only the inefficiency of the judges is the reason behind this," hecontinued.
One hundred and eighty-six lawyers on July 10 raised the demand and expressed grievance against three criminal motion benches. "[We are] alarmed by their poor performance, which has resulted in a backlog of ever-increasing numbers of pending cases."
The lawyers demanded of the chief justice to immediately reconstitute the criminal benches drafting in senior, competent judges for speedy disposal of cases clogging the court.
The demands prompted ihe Bar to convene yesterday's meeting that unanimously decided to urge Chief Justice Syed JR Mudassir Husain to take steps in 15 days. If nothing
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happens by then, the executive committee of the Bar will decide on the next course of action.
The lawyers raised questions about formation and dissolution of High Court benches and doubted if the chief justice is able to independently execute his power, as they believe he often goes by the dictum from outside the judiciary.
Explaining the context of yesterday's unprecedented requisition meeting, Barrister Rokan told reporters discontent were brewing up among Supreme Court lawyers and petitioners alike over the constitution of the criminal benches."
Dr Kamal Hossain told the requisition meeting, "It is our duty to protect the judiciary as an effective body so that lawyers and petitioners cannot complain of not receiving fair justice."
Dissolution and re-constitution of the benches more too often than not and on unknown grounds have given rise to questions in people's mind about the process," said Dr Kamal, adding "The chief justice must be told of our grave concern that people are being deprived of the shelter of the law."
"Judges do not have weapons, so they depend on citizens and the judiciary operates on the basis of the citizen's support and trust," added Dr Kamal.
As many as 99 percent cases in the magistrate's court are refused bail, while 90 percent do not get bail in the sessions judge's court, Rokan told the meeting. "That is why, 90 percent of the defendants in criminal cases come to the High Court's motion bench to get bail and still their concerns are not addressed."
Accusing three of the four HC criminal motion benches of being inept, Rokan said, "Some of these benches do not even receive cases."
Rokan said as far as he knows one of the motion benches passed only one motion in the past two years, while another has some 700 to 800 pending cases to resolve and if one goes there they face a lot of trouble. A third bench is struggling, as about 700 cases are awaiting resolution.
"Where are these people supposed to go if even the High Court does not hear their case, if they do not get bail in either the magistrate's court or the sessions judge's court?" Rokan asked.
Rokan said after being elected as president of the Supreme Court Bar Association for a second term, he and other senior lawyers held a series of discussions with the chief justice, who also expressed discontent about two HC criminal benches.
Rokan added when they requested the chief justice to form criminal benches with only senior judges, he said he has problems with that.
A few days ago, the chief justice called 11 senior judges to his office and told them not to grant wholesale bail and stay, Rokan said. "We want that independence of a particular judge does not get undermined," he
observed.
The Bar president added the chief justice is not being able to constitute benches independently because of instructions from outside.
Questioning frequent visits by the attorney general (AG) to the CJ's room, Rokan said they would also ask for restrictions on such frequent visits.
Barrister Amir-ul-Islam said, "If a bench issues a rule, it is dissolved the next day, raising questions among lawyers and peo-ple...Petitioners line up in front of the Supreme Court and High Court like (people do in) cinema halls because they do not get justice at the magistrate's court. The magistrates and district judges are being instructed not to give bail."
"It should be resolved whether the High Court or the (law) ministry will have control of the district judges."
Advocate Ainuddin Ahmed said if the current slow rate of hearing on the appeals continue, cases will not be resolved even in 25 years.
He suggested one of the four criminal motion courts hear bail petitions at least once a week.
"Hearing on a rule does not take place even in six months into its issuance due to absence of competent judges," Barrister Mahbubuddin Khokon said and demanded writ and criminal benches be composed of senior judges.
Barrister Abdullah Al Mamun described the relationship between the judges and lawyers as one of king and subjects as lawyers are ignored and humiliated when they move to the benches. But the reality is that many lawyers refuse to be justice.
Barrister Shawkat Ali Khan demanded elevation of the judges' standards and an increase in their numbers. Advocate Abdul Malek observed judges who can quickly dispose of cases should sit on the criminal motion bench.
Advocate Humayun Hossain Khan said, "The chief justice has the power to form benches but we cannot allow him to be dictated from outside in doing so."
Barrister Rafiqul Islam Mian said the chief justice cannot do his duty if he is run by a remote control.
Advocate Abdul Baset Majumder said the remote control needs to be taken away.
Advocate Abdul Matin Khasru, former law minister, said the current state of judiciary is suffocating.
The BNP-led ruling coalition appointed 26 additional judges since coming to office, one was sacked for misconduct and 15 others, appointed during the previous government's rule, were not confirmed. The Bar Association accused the government of appointing judges more on political considerations than on merit and competence.