Think legal presents its 7th lecture on ‘Judging the Judges’
In continuance of the initiative taken by Think Legal Bangladesh Lecture Series, the 7th lecture was delivered by Hon’ble Justice Sheikh Hassan Arif, Judge of the High Court Division, Supreme Court of Bangladesh on 25th February 2017 at the EMK Center, Dhanmondi.
In the lecture, Hon’ble Justice Sheikh Hassan Arif tried to strike a balance between independence of judiciary and accountability of the judges in our legal system. He made references to a number of relevant provisions of our constitution and of international instruments for emphasising the importance of a transparent, impartial, independent and accountable judiciary.
Conflict of interest, inducement and political interference were identified by him as some of the factors working behind a manifestly malfunctioning judiciary. He substantiated his standpoint on judicial corruption stating that judicial corruption “erodes upon the principle of the administration of justice”. He has advocated in favor of an independent judicial body which is, in his view, “an effective means of ensuring Judicial accountability, that is free from the influences of the legislature and the executive.”
He further highlighted the significant role that can be played by the civil society and media for ensuring accountability of the judges. Moreover, he pointed out some inherent limitations within our legal system and our Constitution regarding judging an ‘incompetent’ and not a ‘dishonest’ judge stating that “an incompetent or a lazy judge can cause irreparable damage to the judicial system”.
While speaking about the aftermath of a judge’s removal followed by alleged gross misconduct, he urged that it has to be borne in mind that “the judge is a human being and is a citizen of the society”. According to him, being subject to the laws of society and vested with the rights of every other citizen in society, the judge has the right to know in advance the specific allegations against him. Finally he pointed out that the right to legal representation either by a lawyer or a judge is owed to him.
In the second half of the event, the guest speaker entertained questions asked by the audience including those of Justice refaat Ahmed, Justice Imman Ali and Justice Abdul Matin.
Considering the immense appeal of the topic ‘Judging the Judges’ in the present context, the number of attendees was high. A considerable number of judges of both the High Court Division and the Appellate Division including eminent legal professionals and students graced the event.
The event covered by Law Desk.