The Judiciary Reform Commission has proposed the establishment of a separate secretariat for the judiciary, permanent attorney service, an independent investigation agency, the creation of permanent benches of the High Court Division in all divisional cities, and expanding district courts to upazilas across the country.
In its report submitted to chief adviser Muhammad Yunus on Wednesday, it has also recommended keeping the courts free from political influence to establish an independent, impartial, and effective judiciary.
The judiciary reform commission, led by former Justice Shah Abu Naim Mominur Rahman, submitted the 352-page report to the chief adviser at the State Guest House Jamuna in Dhaka.
The recommendations aim to overhaul the judiciary, enhance accountability, and ensure that the legal system operates with transparency, impartiality, and efficiency.
During the handover ceremony, Justice Md Emdadul Haque, a member of the commission, said, 鈥榃e have suggested several amendments regarding the current constitutional status of the Supreme Court and subordinate courts to ensure judicial independence.鈥�
鈥榃e need to decentralise the court system. If we cannot bring the judiciary to the doorstep of the people, the system will not be effective,鈥� he said.
To address this, the commission recommended the formation of permanent High Court benches in each of the divisional cities, which would require a constitutional amendment, and expanding district courts to upazila level, he said.
The commission recommended establishing a separate secretariat for the judiciary under the Supreme Court and amending the related laws to free the judiciary from the influence of the executive branch of the state.
It also suggested that the Chief Justice will have the authority to decide the number of judges for both divisions of the Supreme Court, with a provision for the senior-most judge to be appointed as the head of the Appellate Division.
It recommended that amendments should be made to Article 100 of the constitution to establish permanent benches of the High Court Division in all divisional headquarters outside the capital.
These benches will maintain the unity and integrity of the High Court鈥檚 plenary jurisdiction, said the report.
Apart from this, it also recommended establishing courts of senior assistant judges and first-class judicial magistrates in the upazilas, considering the geographical location and distance, transportation facilities, population density, and caseload.
The commission recommended establishing a permanent attorney service to handle civil and criminal cases in both Supreme Court and lower courts.
There is also a recommendation for forming an independent investigative agency with new legislation to regulate the service and its recruitment.
The commission suggested the establishment of a board to recommend the president or the executives for pardoning convicts.
The commission also recommended freeing lawyers鈥� associations from political influence and ensuring that they were not used as tools for political parties.
It suggested that political control over bar association elections should be eliminated.
The report also said that all kinds of meetings, assemblies, or processions by lawyers, individuals, groups, or political parties should be prohibited on court premises to free the judiciary from political influence.
It suggested that active political activities by lawyers within the judiciary should be discouraged.
It suggested enacting a new law to establish a 鈥楽upreme Court Judge Appointment Commission鈥� consisting of nine members, headed by the chief justice, to oversee the transparent appointment of judges based on open applications.
The suggestions include the introduction of a new code of conduct for judges, and granting the Supreme Judicial Council the power to investigate complaints against judges on its own initiative and recommend necessary actions.
The report suggested the establishment of a new pay commission for the judiciary under the Bangladesh Judicial Service (Pay Commission) Regulations, 2007.
Amendments should be made to the constitutional provisions concerning the appointment of judges to ensure that the process is free from executive influence, it also proposed.
It proposed to increase the retirement age of judges to 70 years from the existing 67 years. The required professional experience for the judicial candidates should be 15 years, it suggested.
A permanent board for legal education should be established under the Ministry of Education to ensure the quality of legal training, it suggested.
The commission recommended specific guidelines and codes of conduct for judges and legal officers to prevent corruption, with provisions for the publication of their asset details on the Supreme Court鈥檚 website every three years.
The commission proposed several amendments to increase the effectiveness of mobile courts, and the management of civil and criminal cases.
It suggested that provisions should be made for reasonable remuneration and financial benefits equivalent to that of an assistant attorney general to ensure expedited and efficient services from public prosecutors and other legal officers.
Efforts should be taken to address the issues in establishing village courts, define the minimum judicial standards for their processes, and set timeframes for conducting hearings in village courts, it suggested.
The mobile court鈥簊 power to deliver sentences should be amended to limit it to fines only, and judicial magistrates should be authorised to conduct mobile court proceedings in accordance with the laws, it said.
