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Independence of judiciary actually means that the judges are in a position
to render justice in accordance with their oath of office and only in
accordance with their own sense of justice without submitting to any kind
of pressure or influence be it from executive or legislative or from the
parties themselves or from the superiors and colleagues.
The independence of the judiciary, as affirmed and declared by Articles
94(4) and 116A, is one of the basic pillars of the Constitution and cannot
be demolished, whittled down, curtailed or diminished in any manner
whatsoever, except under the existing provisions of the Constitution.
Article 115, Article 133 or Article 136 does not give either the Parliament
or the President the authority to curtail or diminish the independence of
the subordinate judiciary by recourse to subordinate legislation or rules.
What cannot be done directly, cannot be done indirectly. ….. [Secretary,
Ministry of Finance vs. Mr. Md. Masdar Hossain, 20 BLD (AD) 104]
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