Parties agree to expand lower courts to upazilas, limit emergency powers

Political parties have reached a consensus on gradually expanding lower courts to the upazila level and agreed that the declaration of a state of emergency must never be used for political purposes, National Consensus Commission Vice Chair Ali Riaz said today (7 July).

Briefing reporters after the tenth day of second-phase discussions between political parties and the commission, he said that while there is broad support for decentralising the judiciary, parties have advised careful consideration in the implementation process.

"Among the suggestions are proposals to establish clear links between courts in sadar upazilas and their respective district judge courts, retain existing Chowki courts and courts in the hill tracts, and ensure adequate infrastructure.

"Courts located near district headquarters may be deemed unnecessary, subject to proper assessment," he said at the briefing held at the Foreign Service Academy in Dhaka.

On the issue of emergency powers, he said the political parties have also agreed on amending all provisions under Article 141A, B, and C of the constitution.

Commission members Iftekharuzzaman, Badiul Alam Majumder, Safar Raj Hossain, Md Ayub Mia, and Chief Adviser's Special Assistant Monir Haidar were also present.

The commission's draft proposal notes that the current provisions concerning the declaration of a state of emergency severely restrict civil rights and constrain the judiciary to the point of inaction.

The proposed changes include the duration of emergency cannot exceed 60 days, constitutionally guaranteed civil rights must not be suspended during such periods, and under no circumstances should access to the courts be denied to citizens seeking to assert their rights.

The commission is holding talks with political parties to build consensus on key political reforms ahead of the next election.

Leaders from several parties, including the BNP, Jamaat-e-Islami, and the National Consensus Party (NCP), are taking part in the dialogue.

Speaking at the session, BNP Standing Committee member Salahuddin Ahmed said, "Upazilas located very close to district headquarters do not require separate subordinate courts. Nor is there a need to duplicate district courts within the same locality."

Salahuddin urged that a comprehensive survey be conducted to determine the number and placement of new courts.

At yesterday's discussion, the commission recommended assessing geographic location, proximity to district headquarters, transport infrastructure, population density, and caseloads to determine which upazilas require permanent courts.

It further recommended appointing senior assistant judges and first-class magistrates at upazila-level courts and revising the financial jurisdiction of civil courts to reflect current realities. It also calls for extending legal aid services to the upazila level.

On the issue of emergency power, he said past experiences have shown how emergency provisions were abused for political ends. There is consensus that such misuse must not recur.

However, he emphasised that any reform must follow a detailed parliamentary debate after the commission's dialogue.

"Our position is that the next parliament should resolve this through an extensive debate. The legal and constitutional implications are significant, and some provisions may require further legislation," he said.

Agreeing with the commission's proposals on expanding lower courts to the upazila level, Jamaat Assistant Secretary General Hamidur Rahman Azad said, "In the interest of the people, we want to bring the courts to their doorsteps."

He also acknowledged concerns that decentralisation of the judiciary might lead to increased corruption, given the presence of broker syndicates that often collude with judiciary officials or deceive litigants with false promises.

NCP criticises commission for deferring reforms to next parliament

Akhtar Hossain, member-secretary of the National Citizen Party (NCP), has strongly criticised the National Consensus Commission for what he termed a "deliberate attempt" to defer constitutional and structural reforms to the next parliament.

Speaking to reporters today he warned that postponing the implementation of reform decisions would render the commission's efforts ineffective.

"Today's session leaned heavily toward pushing the reform agenda to the next parliament. We, the members sitting here, represent the people. The interim government has the mandate to implement these reforms."