Separate secretariat, political influence-free judiciary recommended

The Judiciary Reform Commission has proposed 28 recommendations, including establishing a separate secretariat to ensure judicial independence and enacting legislation to free the judiciary from political influence.

Other recommendations include placing mobile courts under judicial jurisdiction, expanding civil and criminal court activities at the upazila level, and setting up separate courts for business-related cases.

The commission's report – handed over to the government today (5 February) after multiple deadline extensions and nearly four months of consultations with stakeholders and institutions – also suggests laws to prevent false and harassment cases. 

Earlier, reports from commissions on constitution, electoral system, public administration, and police reforms were submitted. 

The recommendations include expanding legal aid activities at upazila headquarters and forming permanent High Court circuit benches in divisional cities. A draft summary was previously handed over to Chief Adviser Professor Muhammad Yunus on 15 January.

Expansion of courts at upazila level  

The proposal suggests considering factors such as the upazila's geographical location, distance from district headquarters, transportation system, population density, and case load to determine where courts should be established. 

It also calls for an assessment of whether existing chowki courts – special courts in handling civil and criminal cases in remote areas – should remain operational or if their geographical jurisdiction needs to be rearranged.

Separate secretariat  

The proposal aims to ensure the complete independence of the judiciary and separate it from the executive branch. To achieve this, a separate law or ordinance should be formulated. 

On 27 October, a proposal to create a separate secretariat, along with a concept paper, was submitted to the law, justice, and parliamentary affairs ministry by the SC administration.

Separate commission for judges' appointment  

The recommendation suggests forming separate commissions for the appointment of judges in both divisions of the SC, except for the chief justice. 

It proposes replacing the current system, where the chief justice recommends and the executive authority makes the final decision, with a transparent, merit-based process. 

The proposed system would involve a 9-member "Supreme Court Judges Appointment Commission," headed by the chief justice, to evaluate candidates' merit, integrity, and efficiency.

Permanent attorney service  

The commission's report recommends establishing a permanent, independent government attorney service free from political influence to handle state cases. 

It highlights the unsatisfactory performance of law officers at various levels and stresses the need for this service to improve the situation. 

The draft suggests that the proposed attorney service be considered a pensionable, permanent government job.

Independent investigation agency  

The report proposes the formation of an independent investigation agency within the criminal justice system, emphasising that the nature and outcome of criminal cases depend largely on the investigation report. 

It highlights that a lack of honesty, courage, skill, and professionalism in investigators leads to weaknesses in reports. 

The commission advocates for the creation of an effective, reliable, public-friendly, and influence-free agency to organise and improve the existing investigation system and its personnel.

Decentralisation of higher judiciary  

The draft summary states that each permanent bench will handle cases from specific areas. However, the jurisdiction of the High Court Division must remain intact, ensuring its authority over judicial work, judgments, orders, and directions is not divided by geographical boundaries. This will preserve the unity of the state. 

As a result, individuals seeking justice will be able to file cases at the nearest permanent bench. If implementing all the permanent benches at once is challenging, they can be rolled out in phases at divisional headquarters based on priority.

Additionally, the proposal recommends enacting laws to ban meetings, gatherings, or processions by lawyers or any group in court premises to prevent political influence on the judiciary. 

It also aims to discourage lawyers' political activities within the judiciary and eliminate political party influence in Bar Association elections. 

To ensure judicial independence and integrity, the report suggests publishing asset details of SC and subordinate court judges on the SC website every three years and promoting the independence and impartiality of district court judges. 

Also, the commission advocates prioritising the disposal of pending cases, potentially amending laws, and appointing recently retired judges on a contractual basis in each district. 

In addition, it proposes establishing commercial courts to resolve commercial disputes, amending relevant laws, including the Code of Civil Procedure, and delegating arbitration-related matters (excluding international commercial arbitration) to these courts.

Other judicial reforms include revising the appointment and removal processes for HC judges, ensuring administrative and financial independence, addressing case backlogs, adopting information technology, and preventing corruption.