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Law Advisor Asif Nazrul has said appointing competent judges to the High Court is crucial for ensuring justice in Bangladesh reports bdnews24.com.
"These judges hear cases related to all fundamental rights of the citizens. They decide cases on violations of the rights of over 160 million people,” he said during a discussion titled the "Supreme Court Judges Appointment Ordinance, 2024” at the Judicial Administration Training Institute, or JATI, on Saturday.
Nazrul explained that the High Court judges also serve as appellate judges and, under Article 102 of the Constitution, can intervene in non-fundamental matters if they are convinced of the need to do so.
He reminded that the Constitution grants judges significant power, warning that if this institution is compromised, it would provide any repressive government with the opportunity to muzzle human rights.
“This is exactly what has happened over the last 15 years. The High Court has been turned into a tool for rights violations and the persecution of people,” said the advisor.
He referred to the case of Khadijatul Kubra, a political science student at Jagannath University, to highlight some of the failures of the judicial system.
“Such incidents have occurred, where the Appellate Division delayed her bail petition just to keep her in jail longer. Horrible things have happened.”
Nazrul criticised irregularities in judicial appointments, citing instances where those who had failed judicial exams or lacked practical experience were appointed to high judicial positions.
"I have witnessed the least attentive, politically biased people, with low moral standards, claim to be High Court judges. It’s astonishing," he said.
Nazrul called for addressing these issues in judicial appointments, saying: "We need to act. We must address this through the law. We need to see how we can make this process more constitutional and efficient.
“The main objective is clear—appoint more honest, qualified, and dedicated judges to the High Court."
He continued, “We will prepare a final draft and check for any constitutional conflicts. We will not allow a 54-year-old Constitution to hold us back.”
Nazrul pointed out that the irregularities are not limited to appointments to the High Court, but extend to the appointment of judges to the Appellate Division, bench allocation, the selection of the Chief Justice, and elevation to the Appellate Division.
"We will try to address each of these issues step by step," he said, adding: "We are extremely fortunate to have a reform-minded chief justice.
“Everyone should come together to make meaningful reforms, introduce good laws, and ensure better appointments."