November 30, 2020, 10:34 am
Md Shahadat Hossain:Inaugurating the new court building on September 8,2010,Prime Minister Sheikh Hasina assured to take immediate steps to set up a circuit bench of the High Court in Chittagong.But even after 10 years of the Prime Minister’s assurance, the bench has not been set up in the port city.
In this case,there is talk of various problems including the constitution, but the people’s representatives and lawyers here are blaming the opposition of Dhaka-centric lawyers behind it.
There was a permanent bench of the High Court in Chittagong during the Ershad government.But as it was closed, many people seeking justice have to rush to the High Court in Dhaka.In addition to spending extra money and time,they are being harassed and harassed on the Dhaka-Chittagong journey.
Law Minister Barrister Anisul Haque has promised to set up a circuit bench of the High Court in Chittagong.He gave this assurance in a virtual speech of the chief guest while inaugurating a software of the District Bar Association on October 19.
According to sources, the Chief Justice can set up circuit benches of the High Court anywhere in the country except in the capital Dhaka subject to the permission of the President as per Article 100 of the Constitution.Since the judiciary is now independent, the executive branch will also provide assistance if the judiciary so desires.
During Ershad’s tenure, the constitution was amended and a permanent bench of the High Court was set up outside Dhaka.Then the lawyers of Dhaka started a movement against it.The Supreme Court later declared the amendment invalid.Now there is a provision in the constitution to form a temporary bench.However, the present government sent a proposal to the Supreme Court to form such a bench in the port city of Chittagong, but it was rejected.
Deputy Minister for Education Mahibul Hasan Chowdhury Nawfel, a Member of Parliament from Chittagong-9 constituency,has blamed the ‘aristocracy and aristocracy’ of Dhaka-based lawyers for not having a circuit bench of the High Court in Chittagong.
The Deputy Minister of Education said, “This is the reality.We have to defend ourselves against this reality and present it strongly. ”
According to Mahibul Hasan Chowdhury,‘My fundamental rights have been violated in Panchagarh.Why come to Dhaka and apply for writ by violating more financial rights?So how did I get my basic rights? ‘
Commenting that the writ jurisdiction must be decentralized, the Deputy Education Minister said,”Otherwise, we will not be able to ensure the basic rights of the common man.”All steps have been taken by the executive branch.Our judiciary must play a leading role. ”
Citing the example of India, Mahibul Hasan Chowdhury said,”There are circuit benches of the High Court in West Bengal, Madras and Tamil Nadu.”
Abul Hashem,convener of the Circuit Bench Implementation Council of the High Court in Chittagong and former district PP, said,”There is no constitutional or any other obstacle.The only obstacle is the self-interested lawyers of Dhaka.”
Referring to the fact that the circuit bench is constitutional and the establishment of a permanent bench is a political issue,lawyer Ratan Roy said, “There is no constitutional problem in setting up a circuit bench.”
Former district PP of Chittagong Kafil Uddin said,”There is no obstacle in setting up a circuit bench as per the constitution of 1972.And if the constitution needs to be amended,there is no problem in the current reality. ‘
Shankar Prasad Dey, secretary of the Circuit Bench Implementation Council of the High Court in Chittagong,said,”After the independence of the judiciary,the expectations of the people seeking justice have increased.”There is only one High Court in Dhaka for 160 million people of the country.It’s not acceptable in terms of policy,law and civil rights. ”
According to him,even after the fifteenth amendment of the constitution of Bangladesh,there is no obstacle in the implementation of the circuit bench as Article 100 is still in force as in the constitution of 1972.
AM Zia Habib Ahsan,President, Bangladesh Human Rights Foundation, Chittagong, said,“For a long time, people from all walks of life,including lawyers in Chittagong,have been urging the government to take necessary constitutional and legal steps to set up a full High Court bench in the commercial capital
While some have demanded a circuit bench,I think it applies to other parts of the country, requiring a permanent bench of the High Court for Chittagong.If a permanent bench of the High Court is set up in Chittagong, the people seeking justice in this area will be able to enjoy the benefits of the judiciary in less time and at less cost.
AM Zia Habib Ahsan claims that at present the people seeking justice in Chittagong have to run to the High Court in Dhaka.As a result,they are being subjected to various sufferings and harassment.
A permanent bench of the