District Judge Masdar Hossain Chief Justice Dr. Masdar Hossain, the plaintiff in the much talked about Masdar Hossain case in the high court seeking separation from the administration and executive department of the government. Met with Syed Refat Ahmed.
On Thursday, the Public Relations Officer of the Supreme Court’s Appellate Division. Shafiqul Islam said, during the meeting with the Chief Justice, Masdar Hossain reminisced about the contribution of Barrister Syed Ishtiaq Ahmed in handling cases on behalf of the judges of the subordinate courts of the country.
Masdar Hossain, the then District Judge and Secretary General of the Judicial Association, filed a writ case in the High Court in 1994 seeking a direction to separate the Judiciary from the Executive. Barrister Syed Ishtiaq Ahmed, father of current Chief Justice Syed Refat Ahmed, was the lawyer for the writ of that case.
In the meeting with the Chief Justice, Masdar Hossain mentioned that Barrister Syed Ishtiaq Ahmed handled the case in the separation of judiciary without remuneration. Members of Bangladesh Judicial Service gratefully remember the unique role he played.
Masdar Hossain said that even though the blueprint for the separation of the judiciary was prepared through the judgment of this case, the separation of the judiciary was not implemented due to the lack of goodwill of the then political government. Barrister Syed Ishtiaq Ahmed (father of the Chief Justice) also wanted to see the implementation of the judgment in his lifetime.
Masdar Hossain expressed his gratitude to the judge by pointing out that the roadmap given in the speech of the Chief Justice has been outlined in the implementation of the judgment of separation of the judiciary on September 21. He expressed hope that separation of judiciary will be finally implemented by his (Chief Justice) hands.
According to a press release from the Public Relations Department of the Supreme Court, on December 2, 1999, the judgment of the Appellate Division in the Masdar Hossain case opened the door to the separation of the judiciary by considering the judges of the subordinate courts as a separate service rather than as members of the civil service. One of the lawyers of the famous case was Chief Justice Dr. Syed Refat Ahmed’s father is eminent lawyer Late Barrister Syed Ishtiaq Ahmed.
The verdict of Masdar Hossain case was announced on December 2, 1999, but the subsequent political governments did not implement the verdict. The caretaker government formed on January 11, 2007 established a separate judicial service in Bangladesh by amending the Criminal Procedure Code and the Judicial Service Commission Rules, 2007 to separate the judiciary from the executive. But that initiative also stopped later.
After taking charge as the Chief Justice on September 21, Dr. Syed Refat Ahmed, while addressing the judges of the subordinate courts of the country, outlined the complete outline of the separation of the judiciary, including the establishment of separate judicial secretariats.
The case was finally decided in 1999. Although 12 directions have been given in the verdict, the government has implemented only one direction so far. The previous Awami League government made an election promise to implement the verdict in the Masdar Hossain case but did not do so.
(Dhaka Times/September 26/SIS)
Source: www.dhakatimes24.com
