Chief Adviser Professor Yunus received the Judicial Reform Commission's report from former Chief Justice Shah Abu Naeem Mominur Rahman, the commission's chairman, on February 5. Photo: PID

by Mahmudul Hasan Raju

DHAKA, Feb 7, 2025 (BSS) - The Judiciary Reform Commission (JRC) has proposed decentralization of courts, recommending establishing permanent benches of the High Court in every divisional headquarters by amending the article 100 of the constitution.

The proposal was made in the summary of the report of Judiciary Reform Commission, which was handed over to Chief Adviser Professor Muhammad Yunus at the State Guest House Jamuna here on February 5. 

JRC members headed by Justice Shah Abu Naeem Mominur Rahman submitted the report to the chief adviser.

The commission, however, stressed maintaining High Court’s plenary jurisdiction in such a way so that the jurisdiction of the High Court Division in exercising its authority throughout the country by virtue of the establishment of permanent benches should not be fragmented and it does not compromise the unitary character of the state.

The JRC also proposed establishing senior assistant judge courts and first class judicial magistrate courts in different upazillas across the country considering the location and characteristics of the upazilla headquarters, their distances from the district headquarters and transportation system, population density and distribution, and caseload.

It recommended amending the article 116 of the Constitution and establishing a separate Supreme Court Secretariat, to bring full control of the Supreme Court over the transfer, promotion, leave and disciplinary matters of the judges of the subordinate courts, ending the executive authority. The JRC also proposed to amend the relevant rules of the Judicial Service Commission.

Chief Justice Syed Refaat Ahmed on October 27 sent a proposal to the Ministry of Law, Justice and Parliamentary Affairs, recommending establishing a separate secretariat for the judiciary.

Supreme Court administration on that day said the Chief Justice had earlier made the proposal in his speech on September 21 last year while addressing all judges, lawyers and judicial officials from across the country at the Inner Garden of the Supreme Court.

Chief Justice Refaat Ahmed in his speech had emphasized establishing a separate secretariat on an urgent basis under the Supreme Court for true independence of the judiciary, saying it would be the first step for the reform in judiciary.