Judicial independence will be ensured only after removing fascists: Salahuddin

True independence of the judiciary in Bangladesh can only be achieved by removing fascist influences from both the upper and lower courts, BNP Standing Committee Member Salahuddin Ahmed said today (3 July).

Watch Salahuddin's remarks

"You can see what's happening—from the district courts to the High Court. Those aligned with the Awami League, who are collaborators of fascism and accused of heinous crimes, are easily securing bail," said Salahuddin while talking to reporters following the ninth day of meetings of the National Consensus Commission.

"Who's allowing this? The agents of fascism. We want complete constitutional and legal independence of the judiciary, but for that to happen, these fascist elements must first be removed," he added.

Salahuddin further alleged that certain elements within the lower judiciary had convened courts at night to illegally sentence BNP leaders, activists, journalists, and civil society members.

"We must not protect these fascists. Our demand is clear that there must be no place for collaborators of fascism in either the upper or lower judiciary. Simply transferring them or taking departmental action is not enough," Salahuddin said.

Salahuddin further said that individual criminal liability must be assigned to such individuals.

"It's not just about losing a job, they must face legal consequences. Only then can actual judicial independence be realised. Otherwise, any reform will only benefit those who have already misused the system," Salahuddin said.

Salahuddin warned that as long as these elements remain in the judiciary, they will continue to abuse laws no matter how strict they are. "We are already seeing this misuse."

Regarding the president's power to grant clemency, Salahuddin criticised what he described as repeated abuse of that authority in the past.

"Even convicted death row inmates have been pardoned repeatedly, sending a dangerous message that promotes impunity. This has raised concerns that such unchecked authority should not continue," Salahuddin said.

He proposed that the power of presidential pardon should be limited through legal reforms, policy guidelines, and the formation of a review board.

"We have reached a consensus on this issue in principle," he said.

On the issue of relocating permanent High Court benches to divisional cities, Salahuddin said that previous constitutional amendments aimed at such decentralisation were struck down through legal petitions, citing the country's unitary form of government.

"This time, any amendment must involve discussions between the government, the chief justice, and the judiciary," he added.

Salahuddin emphasised that relocating the HC to divisional cities is a public demand, and any sustainable reform must be made in consultation with the chief justice, as the Supreme Court (SC) is the guardian of the Constitution.