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Dr. Zahidul Islam

Bangladesh law

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Do We Have An Independent Judiciary?, Dr. Zahidul Islam Biswas Sep 2012

Do We Have An Independent Judiciary?, Dr. Zahidul Islam Biswas

Dr. Zahidul Islam

Despite a constitutional mandate for separation of judiciary from the executive organs of the state, until 2009 the subordinate courts in Bangladesh remained formally subject to executive control with magistrates performing the dual role of executive officer of the government as well as that of a judicial officer. In 1999, the Appellate Division of the Supreme Court gave a landmark judgment in Secretary, Ministry of Finance v Masdar Hossain (20 BLD (2000) AD 141) re-affirming the constitutional mandate for independence of the judiciary and laid out a roadmap to achieve separation of the judiciary from the executive with respect to …