AL election pledges on independence of judiciary left unfulfilled

The Awami League-led government did not keep its election promises that ‘genuine independence and impartiality of the judiciary will be ensured’ and the Supreme Court would be given ‘the responsibility of controlling and supervising the lower judiciary.’
On December 12, 2008 , as AL president, Sheikh Hasina made the pledge for the first time in the election manifesto she released before the general election held on December 28, 2008.
AL made the promise for the 2nd time in its election manifesto released on December 28, 2013 before the general election held on January 5, 2014.
In December 2013, AL promised to ensure the dignity and independence of judiciary.
Legal experts told New Age that the ruling AL scandalized the judiciary by compelling Chief Justice SK Sinha to resign after he was sent abroad on forced sick leave.
They called it a glaring example of interfering with the judiciary.
They said that Chief Justice Sinha was removed unconstitutionally after he penned the unanimous verdict of the Appellate Division upholding striking down the 16th Amendment by the High Court Division.
Unconstitutional removal of Chief Justice Sinha, they said struck fears in the hearts of the judges for which they were now unable to independently discharge their duties.
They said that after the exit of Chief Justice Sinha the government was controlling the entire judiciary.
They said that the government deliberately infringed upon the Supreme Court’s constitutional authority to control and supervise subordinate courts.
They demanded making a law defining the criteria and qualifications as stipulated in the Constitution for appointing Supreme Court judges and stopping appointment of superior court judges on political considerations. 
They said that the separation of the judiciary would remain in papers only until Article 116 of the Constitution vesting the authority of controlling lower court judges in the President was amended to restore the Supreme Court’s full authority on the subordinate courts.
They said that dual control and supervision on the lower judiciary by the Supreme Court and the Law, Justice and Parliamentary Affairs Ministry became the main impediment on independence of the judiciary.
Supreme Court lawyer and right activist Shahdeen Malik told New Age that the ruling AL did not keep its election promises regarding independence of the judiciary.
On the contrary, he said, the AL-led government destroyed whatever independence the judiciary used to enjoy by removing the Chief Justice unconstitutionally.
He said, now the government established its full control over the entire judiciary.
Supreme Court Bar Association secretary AM Mahbub Uddin Khokon said that the government established its full control over the judiciary since AL retained its grip on power through the voters less election in 2014.
Could the judiciary could be called independent when the Chief Justice could be forced to resign for writing the unanimous verdict against the government, he asked.
No judges can now independently discharge judicial duties out of fears that they would face the fate of Justice Sinha. 
Law minister Anisul Huq claimed that the judiciary was functioning according to AL’s League polls manifestoes.
About the allegation that the government forced Justice Sinha to resign as the Chief Justice, Anis said, ‘Ask any one making such allegations to show evidence’.
 

News Courtesy: www.cnn.com