Judicial Service Association protests European Parliament’s condemnation proposal

Bangladesh Judicial Service Association (BJSA), a platform of the lower court judges, has protested the condemnation of the Judiciary of Bangladesh by the European Parliament regarding the jail sentence of rights body Odhikar’s Secretary Adilur Rahman Khan and its Director ASM Nasiruddin Elan.

BJSA President AHM Habibur Rahman Bhuiya and Secretary General Md Majibur Rahman issued a statement in this regard on Sunday.

However, a section of lawyers felt aggrieved after such a statement from the judges' association. Lawyers were seen making various comments on social media criticising the BJSA statement.

The Members of the European Parliament specifically deplored the prison sentence against two Odhikar leaders, Adilur Rahman Khan and ASM Nasiruddin Elan, handed down on September 14, and urged the government to immediately and unconditionally repeal the ruling.

The BJSA statement said, “The European Parliament Resolution of 14 September 2023 on the human rights situation in Bangladesh, notably the case of Odhikar drew atthe tention of the Bangladesh Judicial Service Association. We are deeply concerned about the Resolution as it is an attempt to interfere with the judicial proceedings of an independent sovereign country, which is both unwanted and unwarranted.”

It further said, “A criminal case was filed at the concerned Police Station on August 10, 2013 against Adilur Rahman Khan and ASM Nasiruddin Elan, under section 57 of the ICT Act, 2006 for spreading false and fabricated news. The Cyber Tribunal, Dhaka, started the trial of this case on January 8, 2014. After a meticulous examination of all the witnesses and careful evaluation of documents submitted with the case, the Tribunal delivered its judgment on September 14, 2023.”

“It is important to note that the Tribunal conducted this case impartially and diligently, relying solely on factual evidence and adhering strictly to the applicable laws. The verdict was rendered without any external influences, inducements, whether direct or indirect, from any source or for any other reason.

It is imperative to emphasize that the Judiciary of Bangladesh operates with absolute independence, having been separated from the Executive since November 1, 2007. There is no intermingling of judicial proceedings and executive functions. We view the Resolution as a blatant interference in our judicial functions and condemn it unequivocally.

We find it paradoxical that, on one hand, the judiciary is criticized for its substantial backlog of cases, and yet, on the other hand, it is vilified for resolving a long-standing case through the due judicial process,” also read the statement.

Condemning this statement, Barrister Ruhul Quddus Kazal, former Secretary of the Supreme Court Bar Association (SCBA), has written in his verified Facebook that, "It cannot be the statement of the working judges. You don't do politics.

It is not your job to justify your actions in statement sent to the media or condemn the European Parliament. There are legitimate or illegitimate politicians or ruling classes for doing this job. We expect you to judge and deliver fair judgment.”

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