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On the issue of separating the judiciary from the executive, the government is in a dilemma with about 600 magistrates who have been discharging judicial functions under the executive branch, reports BDNEWS.
Being appointed in Bangladesh Civil Service (BCS) Administration Cadre, the 600 officials who have been serving as magistrates will have to be transferred to vacate the posts for appointment of judicial officials for implementing the directives of the supreme court in the judiciary separation case, the law ministry sources said.
According to the sources, if the magistrates are transferred an administrative complexity might be created with their placement and posting.
Besides, the administrative officials are also reluctant to relinquish their magistracy power and ruling politicians do not want to lose hold on the lower judiciary by implementing the Supreme Court (SC) directives, the sources said.
State Minister for Law, Justice and Parliamentary Affairs Shahjahan Omar told the news agency Sunday that the Chief Justice can process the appointments in about 600 judicial cadre posts where the magistrates from BCS cadre have now been discharging judicial functions.
"The government has already formed Judicial Service Commission as per the SC's directives. The commission will appoint the judicial officials to fill up the vacancies of judges in the lower courts," he said.
"Chief Justice can process the appointment with the president's approval. The government would assist the Chief Justice in this regard," he added.
Shahjahan Omar said the government has completed more than 90 per cent work of separating the judiciary from the executive.
"The main problem in separating the judiciary from the executive is appointment of about 600 judges in the lower courts where officials of BCS administration cadres have been functioning," he said.
He said the law ministry has no specific budget for appointing the judges in those posts.
"If the Chief Justice wants budget for the appointment of judges to the government, the government will give it," he said.
The state minister said the separation of judiciary from the executive is a very hard task.
"The present government will complete the task of separating the judiciary from the executive inside its tenure," he said.
In the historical judgement of the Masder Hossain case popularly known as judiciary separation case, the SC had ordered the government to appoint judges in the lower judiciary through Judicial Service Commission.
The government in January last year formed the six-member Judicial Service Commission through which officials of judicial cadres will be appointed.
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