Jurist Masdar Hossain has warned that repealing key ordinances related to judicial appointments and administration could have serious consequences for the country’s judiciary.
Speaking at an open discussion at the National Press Club on Saturday, April 11, he said scrapping the Judges Appointment Ordinance and the Supreme Court Secretariat Ordinance would not yield positive results.
“Because they have power, they are repealing so many issues sitting in parliament with the stroke of a pen,” he said. “If you conduct a survey, 99 per cent of people will oppose this. What is happening is tantamount to trampling on the judiciary.”
Masdar Hossain also criticised what he described as arbitrary decision-making, warning of consequences.
“These things are being done based on the thinking of a few individuals. The result will not be good. This is not the end – there are more days ahead. If you lose your way, the people will guide you back,” he said.
Referring to the Law Ministry’s move to seek explanations from 28 judges over a Facebook post, he questioned its authority. “Even for the smallest administrative need, judges must go through the Supreme Court. On what authority has the Law Minister summoned them?” he asked.
He further added, “Your mandate is built on the blood of the July protesters. Do not be dishonest with that sacrifice.”
Concerns from legal experts
Several legal experts and former judges also voiced concern at the discussion, organised by Humanity Foundation and Ain O Bichar newspaper.
Retired Appellate Division Justice Abdul Matin said the repealed ordinances reflected the spirit of the landmark Government vs. Masdar Hossain verdict.
“You repealed it, saying a better law would be made. But if that was the intention, a law could have been enacted first and amended later,” he said, warning that such steps could amount to “a suicidal decision”.
Among others who spoke were senior lawyer Barrister Ehsan A Siddique, Barrister Omar Faruk, lawyer Hasan Tariq Chowdhury, former joint judge Dr Md Sajjad Hossain and July Movement leader Arif Sohel.
Masdar Hossain is widely known for suing the government that led to the separation of the judiciary from the executive in Bangladesh.
In 1999, the Appellate Division delivered a landmark ruling in the Government vs. Masdar Hossain case, issuing 12 directives aimed at ensuring judicial independence, including reforms in appointments, promotions and administrative control.
The verdict eventually paved the way for the formal separation of the judiciary in 2007, marking a significant shift in the country’s constitutional framework.
Legal observers say any move affecting those foundational principles is likely to trigger debate over judicial independence and governance in the country.