Chief justice Syed Refaat Ahmed on Thursday warned that judicial independence in the country remains structurally compromised. Without meaningful reform, he cautioned, the country鈥檚 democratic governance and legal progress are at a serious risk.
Speaking at a Syed Ishtiaq Ahmed memorial programme at the Supreme Court Bar Association auditorium, the chief justice stressed the need for urgent institutional reform.
In a fervent appeal to the interim government and the people, chief justice said, 鈥楾his is a moment of national significance. If we fail to secure a truly independent judiciary now, we risk losing a historic opportunity to strengthen the rule of law and protect the future of all other reforms.
Calling for the creation of an independent secretariat for the Supreme Court, he described it as essential for ensuring a full administrative and financial autonomy of the judiciary.
鈥榃ithout true institutional autonomy, the judiciary cannot function as a co-equal branch of the government,鈥� he said.
He noted that the proposed reform has far-reaching implications for articles 109 and 116 of the constitution, which govern the supervision of lower courts and judicial officers.
The chief justice praised the late Syed Ishtiaq Ahmed, also his father, as the intellectual mettle behind the landmark Masdar Hossain Case, which led to the legal foundation for the separation of the judiciary from the executive.
鈥楾oday鈥檚 event marks a defining moment in our constitutional history,鈥� the chief justice said.
鈥極ur current work reflects Syed Ishtiaq Ahmed鈥檚 broader vision for a truly independent judiciary.
The chief justice pointed to the structural imbalance created by articles 48(3) and 55(2), which grant overlapping powers to the president and prime minister, often allowing the executive to dominate judicial decisions.
鈥楾his imbalance has repeatedly undermined judicial independence in practice,鈥� the chief justice said.
He outlined several reform initiatives already in progress: the Supreme Judicial Appointment Ordinance, aimed at ensuring merit-based, transparent judicial appointments.
The restoration of the Supreme Judicial Council, responsible for addressing complaints against Supreme Court judges, ongoing efforts to depoliticise judicial functions and enhance accountability.
However, he acknowledged two key barriers to deeper reforms that included resistance from entrenched interests benefiting from the current overlap between the political and judicial powers.
Addressing the event, attorney general Md Asaduzzaman expressed concern that imbalances might grow between the judiciary and the executive in the future if the Supreme Court was vested with an absolute power in controlling the lower judiciary.
When interpreted cohesively, articles 109, 115, and 116 could provide a constitutional balance between the judiciary and the executive 鈥� a principle strongly advocated by Syed Ishtiaq Ahmed during the Masdar Hossain Case hearing before the Appellate Division in 1999, he observed .
Drawing a parallel with the caretaker government system once used to safeguard democracy and ensure neutrality, the attorney general emphasised the need to restore a similar balance of power in judicial affairs to protect institutional independence.
鈥榃e must be vigilant to ensure that the judiciary does not become hostage to oath-bound Supreme Court judges,鈥� he said.
At the same time, he feared, people may have to prevent a situation where subordinate court judges become subservient to the Supreme Court in a way that obstructs the fair administration of justice.
He stressed that safeguarding the independence of the judiciary required not only protecting it from external interferences but also maintaining internal checks to uphold the balance of powers.
Lawyer and constitutional researcher Arif Khan, in his keynote paper, reminded that Syed Ishtiaq Ahmed had argued for a stronger interpretation of article 116, particularly the phrase 鈥榠n consultation with the Supreme Court鈥�.
Arif Khan argued that the phrase 鈥榠n consultation with the Supreme Court鈥� in the article 116 must carry binding legal weight 鈥� not a symbolic value.
The event, hosted by The Ishtiaq Centre, was attended by senior lawyers, including Zainul Abedin, Probir Neogi, Nihad Kabir, Mahbub Uddin Khokon, and Mustafizur Rahman Khan.
Lawyer Rashna Imam moderated the session.
