Colloquium on Judicial Activism and Judicial Self-Restraint

Judicial Activism and Judicial Self-Restraint

On April 29, 2017 a colloquium was held at Conference Hall, Faculty of Business Studies, University of Dhaka, organized by Dhaka International University. Professor S.S. Vishweshwariah former Dean, Faculty of Law, Karnakat University, India was the keynote speaker in the event which was chaired by Professor Dr. K.M. Mohsin, Vice Chancellor, Dhaka International University along with the presence of other renowned academicians on Judicial Activism and Self-Restraint.

The colloquium focused on the inception of the idea of Judicial Activism as well as the present condition of activism in the courts of both India and Bangladesh. The idea of this activism is not a new one rather inherent in the judicial process. Cases where judicial activism was exercised were brought about for discussion. The speakers emphasized on the necessity of non-intrusive relationship between the organs of a state. However, the need of Judicial Activism and applying of Self-Restraint on case basis was appreciated by them.

Barrister Shameen Haider Patwary, Vice Chairman, Board of Trustees, DIU inaugurated the event with his speech and the keynote speaker delivered his lecture after that, followed by the remark session of Dr. Ridwanul Haque, Professor, University of Dhaka.

Professor S.S. Vishweshwariah in his forty minutes of lecture time successfully concluded a laconic discussion on the outcomes of Judicial Activism and landmark cases on the same. Notably case on air pollution and how decision given in court on the usage of LPG gas was detrimental to the environment although was seemingly a praiseworthy judgment. He also mentioned the need of such activism but that too under the purview of the jurisdiction of the judiciary provided by the Constitution.

Dr. Ridwan said that balance between not doing anything and overstepping should be learned. “We are not active enough and entered the fourth phase of activism being redundant, abusing power” , he said expressing his doubt on the Notion of Self-Restraint. Dr. Ekramul Haque, Professor, Department of Law, University of Dhaka was later requested to deliver his remarks on the lecture of the keynote speaker. According to him Judicial Activism is connected to the separation of power, constitutional aspects and the term judicial activism is multi dimensional. Mark Tushnet’s three fold meaning; possible components of Judicial Activism and recent cases of Judicial Activism in Bangladesh were discussed by Professor Ekramul in brief. Dean of the Faculty of Law, University of Dhaka, professor Dr. Md. Rahmat Ullah also kept his remark and in his precise and short speech he again emphasized on the check and balance between executive and judiciary. Professor Syed Anwar Hossain, highlighted the deteriorating  relationship between the executive and the judiciary, suggesting separation of powers- three organs. He Referred the US constitution as an example of separation of power. “Constitution is the ultimate guide for conducting relationship between the bodies. “, He said.

Quazi MH Supan, Associate Professor, Department of Law, University of Dhaka, Abdullah Al Noman, Lecturer ASA University and other respected guests were present in the event. Students from different universities along with multidisciplinary professionals attended the colloquium. They participated in the discussion by a question and answer session before the vote of thanks by Dr. S. Quadir Patwary, Chairman, DIU. Professor Dr. K.M. Mohsin concluded the colloquium with his ending speech and he handed over an appreciation memento to Professor S.S. Vishweshwariah. The event ended with a photo session including all the invited guests and speakers.

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Raihan Rahman Rafid

First year law student at University of Dhaka, Debater, Blogger, Public Speaker

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