Law Commission Chairman ABM Khairul Haque: Democracy fails when law fails

Justice ABM Khairul Haque was appointed as the 19th chief justice of the country on September 27, 2010. He retired on May 17, 2011. In 2013, the government appointed him as the chairman of the Law Commission. Since then he has served in this position for three terms. During his tenure, he played a significant role in several landmark legal cases, including the declaration of the Fifth Amendment to the Constitution of Bangladesh as illegal and cancellation of the caretaker government system in Bangladesh. His judgments in various historical cases garnered much attention and discussion.

During his tenure as a judge in the High Court Division, ABM Khairul Haque gave verdict in various important cases such as the Bangabandhu assassination case, the declaration of the Fifth Amendment to the Constitution as illegal, the proclamation of independence, the preservation of the memory of the Liberation War in Suhrawardy Udyan, the protection of the four major rivers in Dhaka, the relocation of Dhaka's tannery area, the caretaker government and fatwas.
Views Bangladesh' Senior reporter Hira Talukdar recently talked to Law Commission Chairman Justice ABM Khairul Haque about the judicial system of the country. 

Views Ban gladesh:  More than 40 lakh cases are pending in the country. What are the ways to reduce this backlog?
ABM Khairul Haque: The number of judges in the judiciary is significantly low, and it is necessary to expedite the recruitment of an adequate number of judges. On the other hand, it is important to ensure that before any rule is issued, at least 50% of the merit is present in the application. If the application does not meet this 50% merit requirement, it should not be processed and should be dismissed without issuing a rule. It's important to keep in mind that issuing a rule means initiating a new case. And if there is a harassment case, apart from fining the petitioner, penalizing the lawyer, I think that this approach will help reduce the backlog of cases.
Views Ban gladesh:The High Court and Appellate Division of the Supreme Court still do not give judgments in Bengali language. What is the reason for this?
ABM Khairul Haque: In 2012, the Rules of the High Court were amended to include the provision for using the Bengali language alongside English. This change granted the Chief Justices of our country, similar to those in England, the authority to create rules. As a result, there is no longer any restriction on delivering judgments in Bengali. However, there are still some problems as the legal terminology and specific legal vocabulary may not be readily available in Bengali. These laws are derived from British practices, and thousands of judgments and decisions have been made in English. Translating some of the intricacies and nuances of English legal terminology into Bengali has proven to be a challenging task.
Views Bangladesh: You have given judgment in Bengal despite these obstacles. How many judgments have you given in Bengali?
ABM Khairul Haque: I have delivered approximately 700 judgments and orders in Bengali, including the repeal of the Thirteenth Amendment of the Constitution. However, during that time, many judges were hesitant to write judgments in Bengali. I encouraged those who worked with me to write judgments in Bengali. After becoming a judge in the Appellate Division, I inspired Justice Sheikh Mohammed Jakir Hossain to deliver judgments in Bengali. Later, Justice ABM Khairul Haque initiated the practice of writing judgments in Bengali. Additionally, Justice Ashraf Ul Haque and Justice Abu Jafor Siddique have also been delivering judgments in Bengali. Although this practice has started in certain instances, it has not yet become a widespread norm in all sections of the judiciary, especially in the High Court Division. I hope that the incumbent Chief Justice will make Bengali language available in all departments of the Supreme Court.
Views Bangladesh: The commission's recommendation is to write judgments in Malayalam and Bengali. How effective has it been?
ABM Khairul Haque: According to the commission's recommendations, the judges of the lower courts are also writing orders in Bengali. Many judges of the high court are also writing in Bengali. Hopefully, in the future, the Supreme Court will also write in Bengali.
Views Bangladesh: Currently, several political parties are demanding to bring back the caretaker government system. You abolished the caretaker government system. Do you have any comments on this current issue?
ABM Khairul Haque: No judgment is delivered by the Chief Justice in a single decision, but if that judgment goes against the interests of any political party, then they create a huge stir. This is normal. It should be remembered that law and democracy are complementary to each other. Democracy fails when law fails.
Views Bangladesh: Do you think people of the country are getting transparent and impartial justice?
ABM Khairul Haque: Transparent and impartial trial is taking place in most cases. But there are many media trials these days. Many are said to be criminals only after being arrested and taken to court. If instead of law, people rule according to their will, then the law takes on animal characteristics.
Views Bangladesh: Do you think the Law Commission is interfering too much in the legislation it sends to the Ministry of Law?
ABM Khairul Haque: See, there is no need for laws drafted by the Law Commission to be passed in the National Parliament exactly as they are. The Ministry of Law may make some changes or amendments to the law before it is vetted. However, the extent of these changes is a matter for the ministry. The Law Commission's role is to create a draft law, and those responsible for making decisions can determine the extent of their involvement. I don't want to say anything further on this matter.

Views Bangladesh:  Thank you. 

ABM Khairul Haque: Thank you also.