No debate producing flawed laws: CJ

Chief Justice Surendra Kumar Sinha said Saturday that bills  containing lacunae were being passed by Parliament without thorough debates and scrutiny.
He said that the debates are not held as the MPs were reluctant to give time for it.
The resultant flawed laws, he said, were causing sufferings to the people besides bringing pressure on the judiciary.
The Chief Justice made the scathing observations in a prepared speech he delivered while unveiling two books, one on law reforms  and the  law commission in Bangladesh and the other a compilation of select writings on international law, constitutional law and human rights at the Nabab Nawab Ali Chowdhury Senate Bhaban of Dhaka University .
The author of both the books, law Commission member  Shah Alam also spoke.
The Chief Justice blasted the practice of running courts by  executive magistrates in violation of independence of the judiciary.
People get no justice when a  huge number of cases remain pending for generations, he said.
The Chief Justice also demanded to know how it could be called justice when the second or the third generation  get the verdicts sought by their ancestors.
The Chief Justice said that in the past never a bill was passed by Parliament without thorough debates.
He said that due to departure from the time tested practice bills were passed now without the debates leaving flaws in the laws.
He that the legislative functions of Parliament became weaker.
The Chief Justice also criticized the frequent issuance of Statutory Regulatory Orders instead of enacting laws saying it creates confusion and brings pressure on the judges.
The Chief Justice said that running mobile courts with  executive magistrates was a clear violation of the spirit of  independence of the judiciary.
Why the country would have a parallel judicial system when the judges cannot work in two shifts due to shortage of courtrooms, he demanded to know.
He asked the judges and the lawyers to change the mindset for speedy disposal of cases.
He said when corruption becomes pervasive in the country one cannot expect the judges to be angels.
He said that in percentage terms, the corrupt judges would not exceed five to 10 per cent.
The Chief Justice said that the country’s judicial system would be further weakened unless the obsolete laws enacted since 1827 were amended.
He said Sohagi Jahan Tonu’s murder was a striking example of outdated laws impeding  justice.
Unraveling Tonu’s murder demands scientific and modern investigation which cannot happen under a 1898 law.
National Human Rights Commission chairman Mizanur Rahman was in the chair while the discussants included Abdul Mannan, chairman of the University Grants Commission, AAMS Arefin Siddique, vice-chancellor of Dhaka University, Abdullah Al Faruk, dean of the law faculty of Chittagong University, Sarkar Ali Akkas, dean of the Department of Law of Jagannath University and  economist Abul Barakat.

News Courtesy: www.newagebd.net