Law Adviser Prof Asif Nazrul today said Sheikh Hasina's fascist regime used the higher court's immense power to consolidate its power.
"It (higher courts) holds unlimited authority, with significant scope to provide remedies even in cases involving fundamental rights. However, we observed with shock and sorrow that this immense power was used during Sheikh Hasina's fascist regime to consolidate power, perpetrate oppression, and violate the rights of ordinary citizens," he said.
"If someone shows allegiances to 'Joy Bangla' or 'Zindabad' and becomes a judge, there is little hope for the High Court. If the higher courts are the most corrupt, the most loyal to political parties, and the most partisan, then what will you achieve by granting independence to the lower courts? First, we need to fix the higher courts," he added.
He made the remarks as part of the series of dialogue titled "Democratic Reconstitution: On Judiciary", organised by the Centre for Governance Studies at the CIRDAP auditorium.
Referring to Khadijatul Kubra's case under the Digital Security Act (DSA), the adviser said, "We have witnessed astonishing incidents where, despite the High Court granting bail, the Appellate Division has indefinitely delayed her bail application, leaving her imprisoned without cause."
"Bangladesh's judicial system had become an instrument of oppression, persecution, and human rights violations. If free and fair elections are held in the country, the judiciary will never transform into such a ruthless and oppressive institution," he opined.
He further said that if elections were held every five years and genuinely reflected the people's will, the oppressive ruling parties in Bangladesh would not be able to act as they do now. When elections do not exist, arbitrary oppression becomes the norm," he said.
He added that at the root of all reforms, the election system must be prioritised.
He mentioned that the government would enact a law regarding the appointment of High Court judges this month. They also have plans to establish a judiciary secretariat within three months and a permanent prosecution service within six months.
"If we are given at least a year, we will complete these tasks," he asserted.
"I believe the stronger our consensus is, the harder — almost impossible — it will be for the next political government to repeal these reforms," he added.
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Hasina used higher courts to consolidate power: Asif Nazrul | undefined