Law Adviser Dr Asif Nazrul on Sunday said the Supreme Judicial Council would make fully operational following the Appellate Division order that restored the council to remove judges for incapacity, misconduct or violating the code of conduct.
"Supreme Judicial Council has been reinstated or it has become effective again through the disposal of the review case. There were much confusion regarding this council, but after today's order, the confusion has gone away. This has a special significance in our constitution," the law adviser said while talking to newsmen at the ministry here this noon.
In an immediate reaction to the apex court verdict that disposed of the government review petition of the 16th amendment to the constitution case, the Law Adviser came up with the comments expressing satisfaction over the Appellate Division verdict.
"The restoration of the Supreme Judicial Council is a positive development. The Supreme Judicial Council has been reinstated through the resolution of the review case. There was some confusion surrounding this matter, and today's court ruling has cleared that up. The council can now be made fully functional," the Law Adviser said while responding to reporters queries over the matter.
"This is particularly important at this time. There are several judges in the High Court who face complaints from various sectors of society. Some are seen as instruments of oppressive forces, while others have been accused of corruption. Reports on these matters have been published in several newspapers, and this has led to frustration, particularly among students," Dr Nazrul said.
He emphasized that the Supreme Judicial Council provides a constitutional avenue to address these grievances.
"At present, the High Court is completely independent and will act accordingly. Students now have a proper forum to present their concerns, which is a positive step forward," Nazrul added.
The law adviser explained that the Supreme Judicial Council has already come into being in line with the constitution, comprising the chief justice and two senior judges of the Appellate Division.
"If complaints are submitted today, the process can begin tomorrow. There is no need for a separate notification as the constitution outlines how the council will be formed," he explained.
He also noted that, in the absence of the Supreme Judicial Council, there had been no forum for holding High Court judges accountable, nor was there any formal system for ensuring accountability in the administration of the High Court.
Nazrul further commented on recent court decisions, adding: "You are aware of the rulings against Khaleda Zia and Tarique Rahman, as well as the restrictions on freedom of speech in Bangladesh. Many other judgments have been issued where people were denied the opportunity to defend their human rights. Instead, dissenters faced persecution."
Dr Asif Nazrul, a law professor himself, also said he believes the present Supreme Court administration has the good will to ensure the accountability of the apex court judges.
