Judicial Separation-our expectation & achievement

A long cherished dream came true through the Separation  of judiciary and its independence on 1st November of 2007 with limitless hope and borderless expectation of the rank & file of this independent democratic land. Although in the same year, and their historical black chapter was incepted and welcomed by the increasing political unset deadlock  of the major political party including pro-governing system and confining all the political big guns with a so called excuse of ensuring the Law and order situation up to the mark. However, peace loving common people of this country no longer want of facing clash and unrest and they got their expected for a little period but in turn from the military backed disputed then Caretaker govt ,they got their unwanted harassment and Sufferings too. By the way, I am sanguine that almost stakeholders even mass people may thank to the then military backed Caretaker govt because in that tenure the nation got the independence and separation of judiciary from the executive department of the state which gave certainty to the nation that it got independence in 1971 but the most important constitutional Institute body got its independence 45 years later of the liberation war. In fact, my attempt to move my pen on blotting paper is for nothing but  to express the feeling of more or less 16 crore people’s roasted hearts. I think the nation became happy enough with the independence of judiciary, having hopes and belief to get natural justice, establishment of role of Law and countless aspiration. But all hopes got stockpiled and in vein. Now I prefer and have to put here a Synopsis on what grounds the separation of judiciary has now been meaningless and how all out natural justice are being turmoiled with the venom like selfish snap of politics and so on. Though it is a matter of pinching someone’s heart but as a lawyer I have nothing alternative to express the true Scenario of the So called independent judiciary of this land. Eventually, I dare to point out that after being independent, the judiciary Submerged on fulfilling the interest of rolling political alliance. Nothing can be denied as it is from the competent source and from my consciousness that common people are frustrated enough because of not getting justice and natural protection of law from Separated Judiciary. Judiciary has likely been failed to march on the expectation and faith of litigant people of this country. So, to what extend do I utter the term; ‘The Judiciary is independent in Bangladesh’. I rather feel shame to Comply with the Concept that everything will be with the desire of govt. and powerful moneyed people but the Judiciary will remain independent in black white. I, with determination and confidence, can mention that nothing significant and meaningful has been changed in the Judiciary than it was earlier. Moreover, the lower Judiciary is being used mercilessly for the welfare of the ruling govt and  to harass the litigant people will, in course of time, award them the same fate for which they will have to look for the hole. Of late, it is open secret notion in the society  that rich people can get their desired relief from the lower Judiciary by way of hush money and /or using unlawful political influence.

More So, One thing I had better excess here with courage that there are some Judicial officer in the country who are reluctant to follow unfairness in their profession, but it is very much regrettable that they are made bound to obey the instructions to do unfairness in delivering orders and Judgment. If not followed and passed order according to the concerned, the honest Judicial officers have to get professional punishment like-transfer, depotation, promotion held up and many more. Now a days, it is evident that natural justice is being denied every now and then. Innocent people are being harassed with the net of the false cases filed by the Culprit Professionals. It is a matter of shame that we could not forget the practice of appointment of Judges of the Apex court with the Supervision of ruling political party. Lobbying, recommendation and so on are widely used term in the field of Judiciary. These are nothing new, all these were before the independence of Judiciary. But in fact, question remains unanswered, what did we get after getting an independent Judiciary?

However, corruption has takes its own place in every single Stages of the Judiciary, it is not a matter of argument and wonderings factual Concept developed in the mind of both the Judicious and Common people.

Virtually, I want no more to bore you exploring the Ocean of frustration in respect of our Country’s Judiciary and its  independence . There are millions of lines remained unwritten regarding the untold pairs and sufferings experienced from the So called independent Judiciary of this land. People have no longer absolute faith whether they will get justice from the Judiciary or not . In real Sense, It should not be Continuing year after year, decade after decade, Century after Century. It is high time to take into consideration by all the Concerns that a Constitutional body should never be driven to be biased for any Community, Person and/ or group. To remain unchanged the Spirit of Our Constitution, Independent Judiciary Can be a milestone and beacon light that will lead to be used to dreaming for building a democratic country where democracy will not only be a paper work but the satisfactory Voice of the Countrymen in fact.