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Saifur tells WB judiciary separation by yearend

REJAUL KARIM BYRON
Though the law ministry has so far failed to come up with any specific timeframe for separating the judiciary from the executive, Finance
Minister M Saifur Rahman recently assured the World Bank (WB) chief in a letter that the task would be accomplished before the turn of the year.
The finance minister also assert
that the anti-corruption commission would be made operational by the year-end.
"The government has also taken steps to comply with the Supreme
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Court's (SC) directive on the separation of executive and judiciary, notably with the creation of new Judicial Service Commission to oversee the appointment of judges. It intends to create the new Bangladesh Judicial Service and set up a judicial pay commission by December, 2004," Saifur wrote to WB President James D Wolfensohn referring to the reform agendas that came up as conditions attached to the bank's Development Support Credit-II (DSC-II).
Bangladesh got the $200 million credit in August this year. Another instalment, DSC-III amounting to $300-350, million is expected by June next year.
"The government has made provision for the commission's budget and intends that it should be operational later this year," said Saifur with reference to operational launching of the much talked about anti-corruption commission.
Asked whether a separate pay commission like the one formed for public servants would be formed for judicial service when it is separated from the executive, a top government official told The Daily Star yesterday such a provision is already there but it is uncertain yet when such a commission would be formed.
Donors community in general and the WB in particular have been pressurising the government to improve upon the records on governance and rule of law and check corruption since the very beginning of releasing funds under DSC-I.
In the last aid club meeting in Dhaka earlier this year, donors sought a specific timeframe from the government on implementing some of its major commitments that would help improve governance and rule of law.
Against this backdrop, the finance minister's letter gave a specific timeframe and hinted that the WB would evaluate the progress prior to
releasing fresh credit under DSC-III sometimein the middle of next year.
A WB mission already discussed with the finance minister issues relating to DSC-III in Dhaka last month.
Since the SC gave its 12-point directive late in 1999, three successive governments -- one including a caretaker administration -- had secured time extension on 18 occasions from the court on different pretexts.
The SC on August 17 took the government to task after it failed to specify the time it needed to fully comply with its directives to separate the judiciary despite having the deadline extended 18 times.
A petition seeking time extension for the 9th time is due to be heard on November 9.
On August 18, Moudud said the government alone cannot accomplish the task and needs the court's cooperation. But on August 21, he said the judiciary cannot be separated from the executive just at the directive of the SC and both wings (of the government) need to work in a coordinated way to reach the goal.
Last week, Moudud said the judiciary will be separated this time.
Such remarks only show separation of the judiciary still hangs on the balance, observers note.