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Admin vying for sweeping judicial clout

Forwards 8 proposals to JS body

Staff Correspondent
Administrative cadres have placed an eight-point proposal before a parliamentary body for sweeping judicial authority including the power to hold trial of some offences summarily.
The Supreme Court's landmark judgment in the Masder Hossain case on separation of the judiciary keeps the executive magistrates, also officials of the administration cadre, from exercising judicial power, legal experts said.
But the administrative cadres defended their proposal saying the authorities need to maintain balance of power and law and order, and protect public interests, said sources
Bangladesh Administrative Cadres Association on Monday placed the proposals at a meeting of the parliamentary standing committee on
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law ministry’ to take steps for making necessary amendments to the separation of judiciary bill, committee sources said.
In addition to getting back authority to take cognisance of all offences and hold trial of some offences summarily, they proposed that amendments are brought to the bill to reinstate judicial power of district magistrates, also deputy commissioners, and allow executive magistrates to run mobile courts under all minor acts and give them authority to give police administration directives.
In defence of the proposal, they said it has become difficult for district magistrates to maintain law and order in districts and implement the development activities efficiently, sources said quoting the proposal.
They also proposed that district magistrates are reinstated in the posts of justice of peace. Now an official acting as a judge in the lowest court of law holds theofficeofjusticeof peace.
Now scrutinising the bill to introduce laws on separation of the judiciary, the committee will sit today again to decide whether it will entertain any proposal of the admin cadres.
After Monday's meeting, committee Chairman and AL lawmaker Suranjit Sengupta said the committee is considering the admin cadres' proposal for reinstating their authority to take cognisance of offences for trial.
One of the committee members after the meeting told The Daily Star that they agreed to recommend that the House reinstate the
executive magistrates' authority to take cognisance of offences.
Talking to The Daily Star yesterday another committee member however hinted that it would not be easy for the committee to respond to the admin cadres' proposal in the wake of growing criticism as their demands undermined the Supreme Court verdict on separation of judiciary.
In the Masder Hossain case, the Supreme Court gave a 12-point directive on separation of judiciary.
The first directive says, "The judicial service is a service of the Republic within the meaning of article 152 (1), but it is fundamentally and structurally distinct and separate from the civil executive and administrative services of the Republic with which the judicial service cannot be placed on par on any account and it cannot be amalgamated, abolished, replaced, mixed up and tied together with the civil executive and administrative services."
Following the SC verdict, the separation of judiciary took effect on November 1, 2007 during the tenure of the immediate past caretaker government that promulgated two ordinances to this effect. But the ordinances ceased to have effect on February 25 as they were not ratified in parliament.
Later, the government placed a new bill in the House for continuation of separation of judiciary.
After the separation of judiciary, the administrative cadres lost their magistracy’ including the authority to
hold trial of offences.
When contacted eminent jurist Shahdeen Malik yesterday said the admin cadres' demands verge on contempt of court as the SC verdict clearly asked for complete separation of judiciary.
"The step which will create division between the judiciary and the executive is completely unwarranted in such a difficult time of the nation after the carnage at the BDR headquarters," he said.
"Such a division will not be helpful for democracy or country's stability. It will be unfortunate if parliament attempts to override the Supreme Court verdict on separation of judiciary," Malik said referring to the parliamentary body's Monday meeting that entertained the admin cadres’ proposals.
Talking to The Daily Star yesterday Abdul Matin Khasru, a member of the committee, however said, "We should not do anything that could ignore the Supreme Court verdict on separation of judiciary."
T am in favour of passing the bill without brining any amendment to it," said Matin, also former law minister.
Following the separation of judiciary, all admin cadres appointed as assistant commissioners, additional deputy commissioners, upazila nirbahi officers are considered as executive magistrates.
Besides, the government may appoint as many as executive magistrates it thinks fit from civil administration.