Judicial service assoc protests proposal to include lawyers in SC Judge Appointment Commission
Highlights:
- Judiciary Reform Commission recommends formation of 'Supreme Court Judge Appointment Commission'
- Reform commission proposes keeping SC Bar Association president and another SC lawyer in the appointment commission
- Judicial Service Association expresses concern over conflict of interest and risk of political interference if lawyers included in appointment process
The Bangladesh Judicial Service Association, a platform for judges and magistrates across the country, have protested the Judiciary Reform Commission's proposal to include lawyers in the Supreme Court Judge Appointment Commission.
In a statement issued today (23 December), it said, "Inclusion of the president of the Supreme Court Bar Association, lawyers or leaders of any professional organisation in the judge appointment commission will not only create a conflict of interest but also increase the risk of bias and political interference in the appointment process."
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The statement further said Judiciary Reform Commission, in its preliminary report submitted on 11 December, recommended the formation of a commission called the 'Supreme Court Judge Appointment Commission' consisting nine members for the appointment of judges in the Supreme Court of Bangladesh. But it has been proposed to keep the president of the Supreme Court Bar Association and another lawyer of the Supreme Court as members in the said commission.
"As lawyers and district court judges are possible candidates for appointment as judges in the High Court, district court judges feel that having lawyer representatives in the appointment commission will be discriminatory and biased. The Bangladesh Judicial Service Association feels that there is no logic in having a lawyer representative as the chief justice and other judges of the Supreme Court are in the appointment commission," adds the statement.
"There are many examples of political involvement of the Supreme Court Bar in the past and there is no way to rule out this possibility in the future. It is very important to ensure that there is no opportunity for executive or political interference in the judge appointment process in the future; otherwise, it will be against the spirit of the July-August Revolution. If any lawyers are included in the Judicial Appointment Commission, political dominance in the appointment of judges will increase as before and the purpose of establishing justice will be hampered," the statement further adds.
To prevent discrimination against district court judges in the appointment of judges in the High Court, the Bangladesh Judicial Service Association also demanded the formulation of clear provisions for the appointment of at least 70% of judges from the district courts.
In addition, it demanded the formulation of appropriate policies regarding age and experience in the appointment of judges.
The Judicial Service Association's statement against the Judiciary Reform Commission's proposal comes as another reform commission, the Public Administration Reform Commission, is facing protests from Bangladesh Civil Service cadres for its proposal on deputy secretary appointment quota.
Administration cadre officials and representatives from 25 other cadres remain at odds over promotions to the post of deputy secretary among other reform proposals made by the commission.
Administration cadre officials demand 100% of these promotions be reserved for them, arguing it aligns with the state's welfare. In contrast, non-admin cadres call for merit-based promotions to eliminate perceived discrimination.
