Aspiration for justice in Bangladesh

Aspiration for justice in Bangladesh is the core essence of the student-people revolution. Justice, as the bedrock of a state, demands not only strong institutions but also a steadfast commitment to fairness and integrity from everyone involved in the judicial process. Here’s a refined approach to achieve this aspiration:

1. Ensuring Judicial Integrity and Accountability:

• Impartiality and Prudence: Judges must embody these qualities to maintain public trust. Mechanisms should be in place to ensure that judges are free from external pressures, whether from political, financial, or social sources.
• Resignation of Unjust Judges: A system should be implemented where past judgments are reviewed. If a judge’s decisions consistently lack fairness, integrity, or are influenced by external factors, they should be compelled to resign. This could be done through an independent review board that assesses the integrity of judicial decisions.
• Case Reviews: Establish a dedicated body to review controversial cases, such as the S. Alam money laundering investigation or Khadija’s prolonged detention. This review should evaluate both the judicial process and the integrity of the verdicts.

2. Judicial Independence from the Executive:

• Structural Separation: The judiciary must operate independently from the executive branch. This requires both legal reforms and cultural changes within the system to ensure that judges are not influenced by executive orders or interests.
• Judicial Oversight: An independent judicial commission could be established to oversee the appointment, conduct, and performance of judges, ensuring that the executive branch has no undue influence.

3. Reducing Case Backlogs:

• Dismissal of Frivolous Cases: Implement a mechanism to swiftly dismiss cases that are clearly unfounded or frivolous, particularly those filed by the police with low charges. This would free up judicial resources for more serious matters.
• Alternative Dispute Resolution (ADR): Expand the use of ADR mechanisms such as mediation, arbitration, and negotiation. These methods can resolve disputes more quickly and reduce the burden on the court system.
• Stricter Filing Requirements: Introduce stringent criteria for filing cases to deter the submission of false or low-merit cases. This could include penalties for filing fake cases, such as fines or sanctions against the filer.

4. Promoting Access to Justice:

• Legal Aid and Support: Strengthen legal aid services to ensure that all citizens, regardless of their financial status, have access to justice. This includes providing legal representation and support to those unable to afford it.
• Public Awareness Campaigns: Educate the public about their rights and the judicial process to foster greater trust and understanding of the legal system.

5. Transparency and Public Trust:

• Transparent Proceedings: Court proceedings should be as transparent as possible, with public access to information about cases and judgments. This transparency can help build public confidence in the judiciary.
• Regular Audits: Conduct regular audits of judicial decisions and processes to ensure fairness and adherence to legal standards. These audits should be made public to promote accountability.

6. Judicial Training and Development:

• Continuous Education: Judges should undergo continuous professional development to keep up with legal developments and ethical standards. This training should emphasize the importance of impartiality, prudence, and integrity.
• Ethical Guidelines: Establish clear ethical guidelines for judges, with strict penalties for violations to ensure adherence to high standards of conduct.

By implementing these strategies, Bangladesh can work towards a more just and fair judicial system, where justice is not just an abstract concept but a tangible reality felt by all its citizens.