Judicial Reform Commission releases final report with 28 recommendations

The final report of the Judicial Reform Commission has been published, offering 28 key recommendations aimed at improving the judicial system in Bangladesh.

The report was submitted to Chief Adviser Dr. Muhammad Yunus last Wednesday (February 5) by the head of the commission, former Appellate Division Justice Shah Abu Naeem Mominur Rahman of the Supreme Court.

The recommendations include:
1. Appointment and Discipline of Supreme Court Judges:
1.1 The Chief Justice will have the authority to determine the number of judges in both divisions of the Supreme Court; 1.2 A law will be enacted to form a nine-member "Supreme Court Judges Appointment Commission" headed by the Chief Justice to ensure a transparent process for appointing judges; 1.3 The commission will select and recommend candidates based on open applications, with judges appointed by the President as per their recommendations; 1.4 A code of conduct will be formulated and published for the Supreme Judicial Council, which will oversee the conduct of Supreme Court judges and former judges, along with those holding positions that can only be removed through a specific procedure; 1.5 The council will also have the power to investigate complaints against judges and recommend necessary actions.

2. Formation of a Pay Commission:
2.1 A Pay Commission will be formed under Rule 4 of the Bangladesh Judicial Service (Pay Commission) Rules, 2007 to address the conditions of service for judges in subordinate courts, and to recommend new policies regarding salaries, allowances, code of conduct, and transfer policy for judges.

3. Constitutional Amendments:
3.1 A separate Supreme Court Secretariat will be established by amending Article 116 of the Constitution. This will transfer the power over the transfer, promotion, leave, and disciplinary matters of judges in subordinate courts from the executive to the Supreme Court; 3.2 Article 88 of the Constitution will also be amended to ensure the remuneration of judges and employees in the Judicial and Administrative Division is included under the Consolidated Fund.

4. Decentralization of Courts:
4.1 A permanent bench of the High Court Division will be established in each divisional headquarters outside the capital, while maintaining the unity of the High Court's jurisdiction nationwide; 4.2 New courts for senior assistant judges and first-class judicial magistrates will be established in various upazilas across the country, based on factors such as geographic location, transportation, population density, and case load.

5. Permanent Government Attorney Service:
5.1 A permanent attorney service is proposed to handle civil and criminal cases on behalf of the state in the Supreme Court and subordinate courts. The service will have a clear structure, including recruitment procedures, promotion, transfer, disciplinary actions, salary structure, and financial benefits; 5.2 The attorney service will be established as a permanent, pensionable government job, with adequate infrastructure, budget allocation, and support staff; 5.3 The service will consist of two branches: (A) Supreme Court Attorney Service: Includes Assistant Attorney General, Deputy Attorney General, and Additional Attorney General. (B) District Attorney Service: Includes Assistant District Attorney, Senior Assistant District Attorney, Joint District Attorney, Additional District Attorney, and District Attorney; 5.4 Provisions will be made for a transitional period to ensure the effective operation of the service before the full implementation of the proposed framework.

6. Presidential Pardons:
6.1 A board will be established to regulate the exclusive power of the President or the Executive to grant pardons to criminals finally convicted by the courts. The board will make recommendations for granting pardons.

7. Independent Criminal Investigation Service:
7.1 A separate criminal investigation service will be created by law, comprising current personnel from various investigation units. The service will operate under a distinct institutional structure, separate from the police force; 7.2 The service will have its own recruitment, employment conditions, budget, infrastructure, and control, ensuring independence in its duties and powers; 7.3 A new law will be enacted to form the service. Police officers will be temporarily appointed on deputation during the transitional period; 7.4 The officers of this service cannot be dismissed without prior approval from a higher commission, ensuring that the service is free from political influence.

8. Constitutional Amendments Related to the Judiciary:
8.1 Amendments will be made to the Constitution concerning the appointment of the Chief Justice and other judges, including: Article 48(3)-Empowering the Appointments Commission and limiting the President's powers; Article 55(2)-Separating the appointment of the Chief Justice and other judges from the executive powers of the Prime Minister; Article 94-Giving primacy to the opinion of the Chief Justice in determining the number of judges, with a minimum of seven judges in the Appellate Division; Article 95-Ensuring the senior-most judge in the Appellate Division is appointed as the Chief Justice, with no discretionary power or influence from the President in the appointment process.

9. Organizational Structure of Subordinate Courts:
Increasing Judges: Proposals to increase the number of judges in subordinate courts, based on case loads and population size; Uniformity in Manpower: Ensuring uniformity in the manpower structure across similar courts and standardizing vehicles, office equipment, and judicial procedures for creating judicial posts; Establishment of Commercial Courts: Recommendations for establishing separate commercial courts; Auxiliary Employees: Appointment of auxiliary staff of the same grade based on similar qualifications, following the recommendations of the Judicial Service Commission.

10. Financial Independence of the Judiciary:
Budget Committee: A committee from the Supreme Court will be formed to determine the judiciary's budget, with representatives from the executive branch as members; Independent Budget Allocation: The judiciary will have full authority to allocate, spend, and reallocate its development budget; Increased Funding: Efforts to increase the judiciary's budget to meet its needs.

11. Use of Information Technology in Judicial Proceedings:
11.1 Amendment of Laws: In the first phase, relevant laws will be amended to facilitate the use of information technology in judicial processes; E-Judiciary Project: The implementation of the e-judiciary project will be prioritized, including the introduction of e-filing in civil courts; Encouraging E-Filing: Priority will be given to speeding up hearings and disposing of e-filed cases, with reduced or waived court fees for e-filing cases; E-Payment System: A new system will be introduced for the payment of court fees, fines, and other charges through e-payment in all courts; E-Cause List: 100% of case information will be displayed through an e-cause list module, and online activities, including taking testimony and defendant appearances, will be implemented.

12. Physical Infrastructure of Subordinate Courts:
12.1 Feasibility Study: A study will be conducted to assess the feasibility of constructing buildings for the 37 district and sessions courts that currently lack infrastructure; Upward Expansion: In locations where applicable, upward expansion of existing buildings will be explored; New Construction Projects: Plans will be initiated for constructing new district and sessions court buildings in areas where necessary.

13. Supreme Court in Court Management:
13.1 Increasing Judges: A proposal to increase the number of judges in both the Appellate Division and the High Court Division, ensuring at least three benches in operation at all times in the Appellate Division; 13.2 Timely Notices and Hearings: Establish joint arrangements with the Postal Department to ensure case notices are issued and returned within a reasonable time frame (a maximum of 30 days) to prevent delays in hearings; 13.3 Online Submission of Mention-Slips: Implement a system for online submission of mention-slips, minimizing wasted time for lawyers and court staff, while maximizing court working hours. Expansion of technology use in case registration in the High Court Division is also proposed; 13.4 Policy on Bench Reconstitution: Develop a policy that ensures judges are notified in advance about bench reconstitution, promoting smoother operations and time management; 13.5 Streamlining Stay Orders: Modify the jurisdiction of the Chamber Court in the Appellate Division, directing regular benches to handle stay order applications unless they are extremely urgent or specific; 13.6 Enhanced Web Portal Usage: Expand the use of the Supreme Court web portal by making electronic copies of all orders and judgments from both divisions of the Supreme Court publicly available online. The initial rule in any High Court case should be published within five working days of the announcement, with interim orders published within 10 working days.

14. Alleviation of Harassment for Trial Seekers:
14.1 Addressing Court Delays: Proposals to remedy the harassment faced by trial seekers due to various causes, such as judges' holidays, unpublicized next hearing dates, court closures due to the death of a lawyer, and other procedural delays.

15. Prevention of Corruption in the Judiciary:
15.1. Code of Conduct and Transparency: Establish a clear Code of Conduct with anti-corruption provisions for Supreme Court and subordinate judges. Judges' asset details should be submitted to the Supreme Court every three years and made publicly available on the court's website; 15.2. Asset Disclosure for Court Officers: Publish the asset details of supporting officers and employees of both the Supreme Court and subordinate courts on respective websites every three years to ensure transparency; 15.3. Complaints Mechanism: Install a complaint box in the Supreme Court for receiving written corruption complaints against judges. Additionally, provide a dedicated email address for the public to submit complaints electronically; 15.4. Investigation Committee for Subordinate Court Judges: Form a 3-member preliminary investigation committee of Supreme Court judges to look into corruption allegations against subordinate court judges. The committee will issue decisions quarterly. A complaint box and a dedicated email address will be set up to allow the public to submit complaints regarding corruption; 15.5. Corruption Complaints Against Court Officers: Set up a complaint box and provide a unique email address for each judgeship and magistrate, enabling the public to submit complaints about corruption involving court officers and employees. The system will be accessible through the judiciary's website; 15.6. Corruption Prevention Among Lawyers: Establish an investigation committee in each district, managed by the Bangladesh Bar Council, to receive and resolve corruption complaints related to lawyers; 15.7. Complaint Redressal System: Introduce an effective system for addressing corruption complaints within the judiciary, promoting accountability and transparency.

The commission also provided recommendations on the following areas: 16. Legal Aid Activities; 17. Alternative Dispute Resolution; 18. Reduction of Case Backlog; 19. Village Courts; 20. Mobile Courts in the Judiciary; 21. Law Reform; 22. Training of Judges and Support Staff; 23. Reform of the Legal Profession; 24. Reform of Legal Education; 25. Prevention of False and Harassing Cases; 26. Ending the Culture of Impunity; 27. Ensuring Judicial Independence from Political Influence; 28. Development of Social and Moral Values.

These recommendations aim to improve the transparency, efficiency, and accessibility of the judiciary, ultimately strengthening the rule of law in Bangladesh.