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Parliament Ready To Ratify Judiciary Law PDF Print E-mail
Friday, 13 March 2009

Parliament is ready to ratify two laws made by the emergency government to free the judiciary of executive influence, a day after the government came under fire from the High Court for the delay in the passage.

The parliamentary standing committee on the law ministry Thursday finalised its recommendations on the laws to be tabled as bills.

"We have finalised our recommendations keeping the basic structure of the laws which ensured judiciary's independence," the committee chairman, Suranjit SenGupta, told reporters Thursday night.

"I will place the standing committee's recommendations in parliament on Mar 15. I hope the bill will be passed in the current session," he told

The court, acting suo moto, asked the government Wednesday to explain the delay in the passage of the Code of Criminal Procedure (Amendment) Ordinance 2007 and the Code of Criminal Procedure (Second Amendment) Ordinance 2007.

The court questioned the legality of the judicial magistracy after Feb 24, the day the ordinances expired.

It wanted to know under what legal powers the judicial magistrates have been functioning that day.

The judiciary is the sole authority to do trial while the duty of maintaining law and order goes to the administration, SenGupta added.

"So, we have made unanimous recommendations for ensuring an independent judiciary and a dynamic administration at the same time."

But the committee chairman did not specify whether the administration cadre was given the charge to doing pre-trial duties.

The 2007 ordinance authorises the judicial cadre to do the pre-trial works while the administration cadre demands the cancellation of the provision.

The administration cadre demands that only it should do pre-trial activities while the judiciary says it must get the authority.

Committee member Rahmat Ali told that the recommendations were made in such a way so that judiciary and administration did not get involved in conflicts.

Law minister expects passage

Law minister Shafiq Ahmed earlier in the day said he expected passage of the laws within a week.

"There is no reason to think that the bill will not be passed within the week," he said a regular press briefing at the ministry.

He said the government had already decided to pass the amended CrPC ordinance, under which the lower judiciary was made independent in November 1, 2007.


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