84 lower court judges deputed outside as cases pile up.
Over 84 judges of subordinate courts are serving government departments, various commissions and other institutions on deputation as the trial courts face the growing pressure of urgently disposing of 30 lakh pending cases.
They are serving non judicial posts keeping 132 posts of judges vacant in the trial courts.
The shortage of judges in the trial courts is estimated to be greater making urgent disposal of fast growing back log of cases.
On April 11, Chief Justice Surendra Kumar Sinha in his annual address told the district judges that he would review whether it was at all logical to allow the subordinate court judges to serve government organizations on deputation keeping 30 lakh pending cases.
He reminded his audience that their only identity was judges and they should feel happy about it.
He exhorted the judges not to compare themselves with the secretaries or hanker for such posts.
Law ministry officials said that some of the subordinate court judges lobby to get outside postings on deputation to stay in the capital as long as possible.
Out of the 84 judges serving outside the judiciary on deputation, 20 are district judges, 16 additional district judges, 18 joint district judges, and 50 — assistant judges and magistrates, they said.
Sifting through records, they said that 132 posts of judges were lying vacant in the subordinate courts.
The vacant positions of judges include 2 additional district judges and 120 joint district judges, they said.
The country’s 1,333 lower court judges include 200 district judges and judges of the equivalent rank, 198 additional district judges, 182 joint district judges and 753 others are assistant judges and magistrates, showed the records of the law ministry.
Since taking office in 2009, the Awami League-led government appointed 518 assistant judges.
Law ministry secretary Abu Saleh Sheikh Md Zahirul Haque, himself a district judge on deputation since February 2009, told New Age that the law ministry in consultation with the Supreme Court posted judges to several departments and commissions on deputation.
He said that the departments and the commissions had sought the judges.
Retired Supreme Court registrar and district judge AKM Shamsul Islam told New Age that the directives of the Appellate Division in the Masder Hossain case which called for the separation of the lower judiciary from the executive branch of the state in November 2007 discouraged sending judges on deputation to serve the executive branch.
Shamsul Islam said that the tendency to unnecessarily allow the judges to serve executive posts on deputation should be checked.
A record number of subordinate court judges are serving the law ministry.
They also serve the Election Commission, the Law Commission, the Anti Corruption Commission and the National Human Rights Commission on deputation, show the records.
They also serve the registrar’s office in the Supreme Court.
At least 18 judges are serving the National Legal Aid Services Organization.
They also serve the Judicial Administration Training Institute, Parliament Secretariat, the ministries of home and public works, besides Dhaka South City Corporation and Dhaka North City Corporation and as the inspector general of registration. - See more at: http://newagebd.net/116837/84-lower-court-judges-deputed-outside-as-cases-pile-up/#sthash.XUvnRpMm.dpuf