Department Of Justice Laws

The justice department is told to be separated in section no- 22 of the constitution of The People's Republic Of Bangladesh after the end of the great independent war in 1972. The regulation is created related to their promotion and appointment of justice of the low court in consultation with Supreme Court as per section no- 115 and 116 of the constitution. But in 1975 through the 4th amendment the justice department is brought under the executive department. Though in this amendment adding section no- 116 (A) is told, in favor of the sections of the constitution the people appointed in the justice department and the magistrates in case to comply the justice activities will be independent. Later in 1978 by the power of one military order is told in question of the control of the court to accept the consultation of the Supreme Court the words are added.

In the constitution in twelfth amendment is also regarding independence of the justice department and the regulation to make the power individual is not added. As per section no- 22 of the constitution in the state the separation of the justice department from the executive departments of the state will make sure therefore.

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As per section no- 109 all of the low courts are controlled and liable to High Court Division of the Supreme Court and as per section no- 116 (A) the employees appointed in the justice department and magistrates in case to comply justice activities will comply the duties independently. But as per section no- 116 the people who are employed in the justice department and the magistrates who are appointed in justice activities all of their appointment, transfer, leave and promotion are on the hand of the government.

The subject of the separation of the justice department in 1995 has got speed exceptionally. It has begun in 1989. In that time government in some of the BCS (administration) cadres officers of their salary have been increased. As a result government in demand of the justice cadre officers in 1994 the salaries of the judges have been increased. But later by the pressure of administration cadres the government has cancelled the increased salary scale of justice department employees.

The Complain Case Of Mazdar Hossen

Against te mentioned cancellation 441 officers of the justice department have made rit petition no- 2424/ 95 un different civil court in 1995. Their logics were-

(1) Inclusive of judicial service under the Bangladesh civil service order in 1980 is out of the constitution.

(2) In the 6th section of the constitution there have laws in the second sections regarding low justice court where have been separated low courts by the constitution. As per section no- 115 of the constitution by introducing the regulation making activated by separating the justice department is constitutional mandatory as well.

(3) The judges as are judges under the low courts cannot be under any tribunal in any situation and these types of officers of the justice department are not under the administrational tribunal.

For the purpose of separation justice department from the executive department from 13th June, 1996 AD the hearing on the subject was started. In 7th May, 1997 AD High Court Division has given the decree. High Court has told in its decree on that, the increased salary of the justice departmental officers by making stopped the scale salary the circular that government has ruled which is out of the power by laws. Inclusive judicial service of Bangladesh in civil service is also considered as out of power in laws as have been defined. For the separation of justice department there is no need to amend the constitution and instead the mentioned BCS (justice) service the new name will be as the "Judicial Service". The salary scale of the justice department officers' re specifying has got also as the legal order.

Against this order of the government the civil complain case no- 79/1999 has been made. Examining the above mentioned decision of the high court division on 2nd December, 1999 AD the 12 instructions have been given by the Appeal Division.

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The 12 instructions given by the appeal division and after the mentioned order the political governments taking not the real steps making time consuming to make separate the justice department have made late. In 2001 the care taker governmnet in that time of its law advisor Barrister Ishtiak Ahmed to make the separate justice department all of the activities have been accomplished. But at the time to take final decision regarding this matter on dated 1st October, 2001 in election becoming win BNP chairperson and later prime minister Khaleda Jia the decision as has requested to leave to the hand of the elected government the initiative has become stopped in that place. Then again and again the government as has wanted time as the process has made late so the court becoming self interested the separation deed making amended the order to implement has given. Then the prayer of time of the government in that time was not stopped. Finally in 2005 the court has given refused the application to demand time of the government. So the executive department as has fallen in pressure by making different excuses up to 2007 the time was wasted.

On dated 1st January, 2007 as because of the situation has changed in the politics of Bangladesh by leading of Dr. Fakhruddin Ahmed the long term care taker has been constructed. After this government taking power regarding this different types of steps have been taken to make that effective. For this purpose in 2007 4 regulations have been ruled. Those are-

1. Bangladesh Judicial Service Commission Regulation, 2007.

2. Bangladesh Judicial Service (Commission) Regulation, 2007.

3. Bangladesh Judicial Service (Service Construction, Internee Appointment Designation, temporary Termination, Termination And Resignation) Regulation, 2007.

4. For this purpose The Code of Criminal Procedure (Amendment) Ordinance, 2007 has been ruled. After the accomplishment all of the process on dated 1st November, 2007 AD the chief advisor of the care taker government Dr. Fakhruddin

Bangladesh Constitution- 13 

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Ahmed has declared formally to separate to justice department from the executive department. Through this justice the long time separation process has been ended and the purpose of the section no- 22 of the constitution has been achieved.

Evaluation-

Previously the civil justice management a part was controlled and operated by the Bangladesh civil service (administration) cadre officer those have no any experience and institutional education lawfully. In addition the officers of the administration cadre were used to have busy in different administrational activities. As a result they cannot give time in the justice activity and the attention could not have been made centered. But after the separation fo executive department from the justice department at present the civil justice system is completely operating by the judicial service officers those with have enough justice experience the acknowledged university law degree has to them as well. After the separation of the justice department the judges and judicial magistrates in case to comply their duties are completely independent.

As the chief judicial magistrate court and chief metropolitan magistrate court are getting appointed from the justice departmental officers so they are in case of resolving the civil subjects are involved appropriately by themselves always and sincerely. So the justice wanted people must get benefit about the separation of and at the same time overall justice management their involvement will increase in many times. 

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The Context Discussion

The sacrifice of 20 lakhs Bangladeshi people and in exchange of honor of two lakhs mother and sisters the name acquired by the letter of blood is independent sovereign Bangladesh. Through the 9 months war with proud on dated 16th December, 1971 AD Bangladesh is born. In the declaration letter of the independence on dated 10th April, 1971 AD and the existence of continuance of laws by the order in reasonable reasons nothing has been told in the highest court of the country. In the history of Bangladesh firstly on dated 11th January, 1972 AD through the temporary constitutional order the highest court of Bangladesh the high court has been established and on dated 16th December, 1972 AD the constitution of the Government of the People's Republic of Bangladesh has been made effective. After making effective the constitution the high court was the highest court of Bangladesh.

Establishment Of Supreme Court Bangladesh

As per section no- 94 (1) of the People's Republic of Bangladesh has told that, there will have a highest court in the name of "Bangladesh Supreme Court" and it will be constructed through Appeal Division and high court division. There is specially to be mentioned that, as like India and Pakistan Bangladesh has no any separate high court. Bangladesh has a supreme court, which have two departments one is High Court Division and another one is Appeal Division.