Repealing two ordinances on judicial independence undermines July spirit: Experts

Jurists, former judges, and legal experts have expressed serious concern over the implications of repealing legal provisions related to the Supreme Court Secretariat and judicial appointments.

They have also warned that the move could steer the country towards a constitutional and institutional crisis.

The concerns were voiced at a discussion on repealing the Supreme Court Secretariat and Judicial Appointment Laws, held on Saturday morning at the National Press Club in Dhaka. The event was organised by the human rights organisation Humanity Foundation in collaboration with the Ain O Bichar journal.

Presiding over the session, Muhammad Shafiqur Rahman, Chairperson of Humanity Foundation and editor of Ain O Bichar, warned that repealing the ordinances could hinder democratic development and foster authoritarian tendencies. He said the judiciary might increasingly be used to suppress dissent, undermining public trust in the justice system, according to a press release.

Appellate Division Justice Abdul Matin, speaking as the chief guest, said that extensive amendments to the Constitution over time have made comprehensive reform inevitable. He argued that if mass uprisings are not recognised as legitimate, many decisions taken during interim governments would lose their legal validity, potentially calling into question the legitimacy of the current administration.

He alleged that by repealing the ordinances, the government had effectively abandoned the spirit of the July Charter.

Criticising recent actions within the judiciary, he said issuing show-cause notices to 28 judicial officers was counterproductive and questioned the legality of notices served for expressing views on judicial matters.

Former district judge Masdar Hossain said that instead of strengthening legal institutions, the repeal risks pushing the country backwards. He criticised what he described as a culture of political dominance within Parliament and warned that upcoming judicial appointments could prioritise political considerations over merit.

Senior Supreme Court lawyer Barrister Ehsan A. Siddiq said the repeal could have long-term consequences, including reopening political controversies in the future.

Barrister Hasan Tariq Chowdhury alleged that successive governments have sought to maintain control over the judiciary to protect entrenched economic interests.

Barrister Omar Faruk questioned the public benefit of repealing ordinances that had been enacted in line with Supreme Court directives.

Dr Mohammad Sajjad Hossain, a former joint district judge, described the repeal as a move that could ultimately backfire on the government.

Arif Sohel, a July uprising activist,  argued that repealing the ordinances contradicts the spirit of reform and called for a complete overhaul of the colonial-era legal system.