Attractiveness of A Government Depends on ensuring
of Independent and Unbiased Judicial System rather than on an Executive Power. (Revised)
Good Governance shall be
trustful and be attractive to civilians leading to Stability– Executive Power accumulated
within individuals of any office provoke
the individual to overrule the laid principles, inducts mistrust locally as well as Internationally
that leads to disastrous consequences
A permanent, broad
based, powerful Independent Judicature Commission (IJC) shall be constituted
consuming the Attorney General’s Office (DAG), Department of Excise (DoE),
Judicial Service Commission (JSC), Bribery Commission(BC) and the Police
Commission(PC); thus the commission shall comprise altogether 10 members with
the appointment of 04 Supreme Court
Judges or equivalent judiciary (SCC), along with Attorney General, respective
heads of the units consumed, and the Inspector General of Police as members, with equal executive powers
towards the public responsibility of their respective units. Hence the entire
Police Department particularly all the probing units, (Anti-Doping &
Prevention of Drug Trafficking, Anti Financial Fraud and Corruption, FCID, TID
etc.) shall come under the purview of this commission.
All 4 SCC members of the
IJC shall be appointed by the Constitutional Council of the Parliament,
comprising of all ethnicity of Parliamentarians, drawn from MPs of all
political party represented in the Parliament. There should be a provision to
disqualify as a political party that fails to nominate a MP to the
Constitutional Council within stipulated time not more than 10 days. The five
member Supreme Council of the IJC, will in turn recommend names to be appointed
as Attorney General, Chairman, Director General and members for the other
component independent units of IJC to the Constitutional Council of the
Parliament.
Attorney General though
being Secretary of the IJC, will retain his powers, as the head of the Department
of Attorney General, though consumed by IJC, would be the only person empowered
to communicate outside the commission. He also would be empowered to appoint a
secretary to receive public complaints on behalf of IJC and forward them to the
high profile SCC members of the commission who are free of heading the
individual units of the IJC, such as DoE, JSC, BC, and PC. All heads of the
respective units will be inter connected within themselves as well as to the
Supreme Council component (SCC) through an IT networking communication.
Main objectives of this
set up is to completely free the entire judiciary system, from any form of
political manipulation during appointment stages and in the day to day affairs in
implementation of law equally to all irrespective of their status, politically
or of administratively.
During an Election involving
Election Commission
One of the important
function of the IJC to spontaneously syndicates with Election Commissioner, as
soon as an election proclamation is made by the Election Commissioner; IJC and
EC will make a proclamation to this effect as well as to effect the transitory
takeover of Telecommunication Regulatory Commission and all the Print and
Electronic Media owned and partnered by the Government to ensure a Free and
Fair information dissemination towards the voter. IJC shall monitor the private
media as well to the same effect and any institution breaching the code of
conduct for free and fair election during an election shall also inducted
into the transitory takeover, until the proclamation of end of election. This
ensures all existing election laws are prudently implemented with absolute
authority and impartiality at all the elections. There will be fixed dates for
each election unless otherwise Speaker of the Parliament or Head of State (can
only) proclaim (impending) cessation of a term. During an election, Instantaneous
Indictment and Jurisdiction leading even
to disqualification of candidates for electioneering misuse of State Office,
converting State Property and Public Trust Funds into bribe or any other move
with intentions of buying the votes, and those who involve in intimidation
violence and pollution; hence equipped with enough manpower for the entire
country including the small islands as well as with ultramodern technology as
well.
All component units of
IJC will keep their original integrity intact, and this setup ensures the
respective heads appointed by the Constitutional Council of the Parliament and independently
achieve their respective objective without being part of any Political anarchy,
political manipulations and individual political pressurization apart from
inducting the all officials to execute their duties intelligently free of fear.
The
Provincial Police as well will come under the purview of IJC.
A supreme factor we have
to remember is that the whole Judiciary System is for the people irrespective
of ethnicity. The security forces’ main objective should be ensuring each and
every citizen of this land living peacefully and dignity with self -respect.
Grabbing the lands owned by the poor citizen, nothing other than the land on
the pretext of maintenance of the security forces is a crime against humanity
and mankind. Such acts will not sow the seeds of reconciliation in those minds
of population but permanent hate to the majority community.
In addition ensuring,
appropriate fundamental procedures are practiced in local and foreign
collaborated deals and projects, ensuring media freedom and transparency in all
issues as well will come under the purview of IJC. Tracking down of
accumulation of wealth in excess of income and Tax evaders to enforce the law
are part of its responsibility.
All the Sports Bodies of
governing each sports would submit a monthly report on all of their
financial transactions to IJC, and IJC will also ensure these Sports
Bodies are democratically elected as per International Standards free of
ministerial or political interference through the Dept. of Sports
Administration.
Proposed IJC and its
functioning also shall prevent State Leaders blatantly believing that being
elected to a public office is a license to plunder the public property of the nation
and for the other criminal activities and go unscathed under the disguise of
political revenge claim alternatively or under the disguise of “Patriotic” who,
eradicated terrorism. At least to
exonerate the patriotic from all allegations, there should be an absolutely independent
powerful integrated state mechanism.
The descriptions "Disappearances", "missing persons" cannot be a part of permanent vocabulary of a respectful state's administrative system, and be accounted of as well.
The IJC shall also be part of National
Security Council through its supreme component SCC and its Secretary the
Attorney General. Economic vandalism
through fraud, corruption and bribery by elected members as well as by the state
officials is a serious threat to the National security and economic stability.
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