Separation of judiciary won't affect admin officials: SCBA

Supreme Court Bar Association (SCBA) President Barrister M Amir-Ul Islam yesterday made it clear that separating the judiciary from the executive control wouldn't affect services of administrative cadre officials who discharge judicial function.
"The separation of the judiciary from the executive is gong to be implemented in the light of constitutional mandate and the Supreme Court judgment in Masder Hossain's case," he told the news agency, explaining legal points to dispel the dilemmas that have cropped up of late.
Barrister Amir, who was the principal counsel for the Masder Hossain case, said government had contested the case and lost the battle, clearing the way for separation of the judiciary.
During the case, he said, the government that runs the administration did not raise the issues, which are now being raised to create an unwarranted controversy.
"At a time when the nation's long-cherished aspiration is going to be materialised by separating the judiciary, such controversy is unfortunate," Barrister Amir said.
He noted that the judiciary is being separated to ensure justice and good governance for the people, as the people are the sole authority of the republic.
Barrister Amir said if the administrative cadre officers engaged in judicial functions felt that terms and conditions of their services were being affected through separation of the judiciary, they could move to the High Court for a redress, and he is ready to move their case.
He said barring the judicial functions, executive magistrates would be able to exercise their all other powers in areas like operating mobile courts, leading eviction drives, maintaining law and order during examinations, preventing public nuisance.
These are all executive powers, but they will be barred from dealing with any cognisable offence, which falls under jurisdiction of the judicial magistrates.
Replying to a question, he viewed that said since the Supreme Court has no separate secretariat at the moment, the law ministry has to process appointments, transfers and postings of judicial magistrates with the approval of the Supreme Court during this transitional period.
In the long run, Barrister Amir suggested, the Supreme Court should have its own full-fledged secretariat. Besides, authority has to be vested in the newly created Judicial Service Commission to handle these functions by equipping it with all logistic supports.