Staff Correspondent

Law Adviser Asif Nazrul on Monday underscored the urgent need for sweeping reforms in Bangladesh's judiciary, mentioning that political appointments of judges have undermined its integrity.

“The appointment of judges based on political loyalty in the High Court is a major factor behind the collapse of Bangladesh's judiciary. No matter how sensitive or contentious the term ‘reform’ is, we have no alternative to it,” said Nazrul at a dialogue titled "Dialogue for Democratic Reconstruction on Judiciary" at the CIRDAP Auditorium.

The Centre for Governance Studies (CGS) organised the dialogue.

Criticising the recruitment culture, he said, “If judges are appointed based on their allegiance to political slogans like 'Jai Bangla' or 'Zindabad’, there can be no hope for justice. We need to rethink our approach and provide actionable frameworks, such as charts, for tracking progress instead of merely issuing recommendations.”

Regarding the issue of lower court independence, he said, “We often focus solely on ensuring the independence of the lower courts, which typically means their accountability to the High Court. But if the High Court itself is the most corrupt and politically loyal institution, how can we ensure judicial independence?”

To ensure greater transparency, Asif Nazrul recommended establishing an independent secretariat or Registrar General's office for the High Court. “This proposal, initiated by the Chief Justice, is under consideration, and we plan to hold consultations on its implementation,” he said.

He also emphasised the need for a ‘Permanent Prosecution Service’ to eliminate political interference in the Attorney General’s Office and the Public Prosecution Office. “Such a system was proposed during the 1/11 regime but abandoned by the Awami League. We aim to implement this within six months,” he added.

Appointment of the Chief Justice

Nazrul criticised the existing process for appointing the chief justice, which, by law, is supposed to be determined by the president. “When I asked my students if they believed the president appoints the chief justice independently or acts on the prime minister's advice, everyone said it’s the prime minister's decision,” he said.
He alleged that the presidency has been reduced to a ceremonial role, manipulated by prime ministers to serve political interests. “Presidents are either appointed from a ‘servant class’ or become subservient after assuming office. This issue must be addressed.”

Academicians, Supreme Court lawyers, former district and High Court judges, journalists and rights activists attended the dialogue.