Research Proposal On
Judicial Corruption; The Great Hindrance Towards Ensuring Justice: A Critical Evaluation In The Present Context Of Bangladesh

SUPERVISOR
Biswajit Chanda
Associate Professor
Department of Law
University of Rajshahi

RESEARCHER
Md.Salauddin Saimum
Roll: 10119019
LL.B(4th Year)
Department of Law University of Rajshahi

University of Rajshahi

DEPARTMENT OF LAW UNIVERSITY OF RAJSHAHI

Introduction:
Judicial corruption refers to corruption related misconduct of judges, through receiving or giving bribes, improper sentencing of convicted criminals, bias in the hearing and judgement of arguments and other such misconduct.
Judicial corruption pertains to acts or behavior or attempts that impair either the search for or the submission of the truth in the delivery of justice. It covers any act or omission from any source, whether bribery, intimidation or any other act committed with the intent or reasonably foreseeable result that judicial or quasi-judicial orders, judgments and other issuances and judicial treatments will result in corruption. Judicial corruption includes the acceptance of patronage offered by people in power leading to subversion of the administration of justice.
In our country at present we see that our judiciary become highly corrupted. Many judges here frequently takes bribes from the clients and give decision on their favor. In every core of judiciary the undue influence, biasness, bribery become increase more and more as far the days going on. Rule of Law or the protection of law is becoming now very hard to maintain. The powerful people of the society many times influence the court in case of decision making. That’s why the poor and backward people are really deprived from justice.
This research will mainly focus on the widespread corruption in the judiciary of Bangladesh and its worse impact will be analyzed . By this research I hope it will clarify the real scenario of the present judiciary, its grave lacunas’, its utmost defectives and its huge negative effects towards vulnerable section of people, towards ends of justice.

Statement of the problem:
We all know that corruption is the great impediment towards ensuring justice. The widespread of corruption is now access in everywhere and our judiciary sector now become severely affected by it. Sherestader, Peshkar, Nazir, Court Officer and the concerning Presiding Judge are very oftenly engazed in corruption either by taking bribes or delivering judgement by the undue influence from the powerful people. Corruption degrades the judiciary and transforms it to a marketplace where justice goes to the highest bidder-regardless of the law, regardless of the fundamental principles of fair play, and sometimes, regardless of plain common sense.
Also, many judges reportedly sit short hours, often from 9am to 12pm, three days a week. Recourse to the courts is seen as impractical and outcomes are seen as unpredictable, partly because of incompetence but very often because of corruption. Still there is no such effective provisions of laws to prevent such types of corruption. Judicial corruption is increasing very rapidly in our country now. So in order to prevent it we need some effective reformation over our existing laws, procedures, manners of court, case dealing. I hope through this research I will be pin-point those reforming ideas and the outcome recommendations will make a fruitful result.
Objectives of the Study:
This study will explore the real conditions of Judicial Corruption in Bangladesh and there are many objectives are underlying to take this research in hand. The main objectives of my study are as follows:
1. To give a clear idea about Judicial Corruption
2. To analyze the causes of Judicial Corruption
3. To know the nature and scope of Judicial Corruption 4. To pin-point the real scenario of Judicial Corruption in Bangladesh.
5. To discover the impact of Judicial Corruption
6. To show the role of Judiciary in case of demolishing this problem
7. To bringing the preventing measure for such problem in Bangladesh.
8. To find out some guidelines and recommendation regarding this problem. Facilitate a learning environment in which judges can be exposed to tested practices for judicial reform, management of change and the strengthening of the rule of law; and
9. Raise awareness regarding the level of corruption in the judiciary, the proof that an anti-corruption strategy can and does work and the role of judges in combating corruption.
Literature Review:
While conducting any research literature review is very important. It is essential in order to understand what is currently known about any particular problem. It also helps to avoid duplication of effort. While I undertake this research I read the relevant research related to this topics. Through proper literature review I will acquire a clear and specific idea about my proposed research design, key issues and methods of data collection.
In case of gaining proper knowledge and feedback on my proposed research topics I will go through on the following existing statutory laws: * Bangladesh Bar Council and Practitioner’s Order,1972 * Judicial Officer's Protection Act, 1850 * Law Officers’ Order,1972 * Canons of Professional conduct and Ettiqutte,1972
The ultimate aim of the literature review is to provide an overview of relevant published works. So beside these statutory laws I will also go through law journal, various other relevant research paper, recognized statistical data, renowned books, analytical writings on my proposed research topic.
Justification of the study:
Corruption is now become a common phenomena in our existing judiciary. In every core of our judiciary corruption is entered very highly so a large number of research works already have been conducted in the home and abroad on my proposed research topic. The research work shall be highly justifiable in the present context of our country. Judicial corruption is the major hindrance towards ensuring justice or towards access to justice.
We know that in our country almost people are poor. That’s why the influential people who has money power by the help of it they take the judgment in their favor. So to analyze the underlying reason of such judicial corruption, its negative impact towards access to justice is now very important for us. That’s why I think that my proposed research will bare a great impact towards ensuring justice .
Nature and Scope of the Study:
The main scope of this research is to give a specific, exhaustive and comprehensive idea about judicial corruption in Bangladesh. To confront the problem of corruption in judiciary, there are a variety of approaches and possible solutions and actions that should be considered and taken, both in higher and lower levels of court systems.
The object of the study is to give a conceptual, theoretical and statistical idea about the judicial corruption of Bangladesh and in this study I will try to give some basic and core guidelines to prevent and get rid from this huge corruption. A corruption prevention plan should address issues of accountability, efficiency and effective administration. I hope through this study I will be able to pin-point the way of preventing judicial corruption at a root.

Research Methodology:
In case of preparation of any research methodology is very important to follow. In order to get the optimum result and effective output from such research choosing the most relevant methodology is very important. During my proposed research topics work I will follow Observation method, analytical method, statistical method, empirical method, Historical method etc. Beside this I will undertake interview method, questionnaire method.
Blending of Qualitative and Quantitative method will be proved very helpful to get a fruitful output from the research. So in my study I also apply these two methods. Through qualitative research the underlying reason of the judicial corruption will be come out and through quantitative research I will able to gather the necessary statistical data regarding this corruption.

Utility of the research:
Corruption in the judiciary has the potential to do far more damage to society than corruption elsewhere. It is important to identify the causes of corruption in order to design measures that should be taken to prevent and control corrupt behaviour. Identifying the sources or causes of corruption will allow countries to develop a corruption prevention plan that changes the organizational features that allow corruption to occur.
A corruption prevention plan should address issues of accountability, efficiency and effective administration. This would improve the attitudes of the staff and the overall integrity and performance of the institution by minimizing the opportunities for bribery and corruption. The judiciary is supposed to provide an essential check on the other public institutions. As a result of this role, a fair and efficient judiciary is key for any anti-corruption plan. Therefore, corruption in the judiciary should be dealt with from the start.
In order to design policies in the fight against corruption, it is necessary to build a data base with quantitive and qualitive information related to all the factors thought to be related to certain types of corrupt behaviour (embezzlement, bribery, extortion, fraud, etc.). So in order to make our judiciary free from any sort of corruption we need an effective research on this proposed topics. I hope my proposed research will be proved as very helpful to find out a proper guidelines towards preventing judicial corruption.
Limitations of the Study:
While conducting my proposed research it is notable to mention that the way of my research work is not smooth and free from limitation. The main limitation of my research study is the time binding’s and the such time limitation will create a huge obstacles towards carrying such research. The time is not enough for the study. To create any good dissertation on any topics and subject, it is essential to have a large collection of statistical data and relevant analytical sources. But it shall not be possible here to complete the research work with full satisfaction because of the limited time. Nevertheless I will give my best effort to make the research a successful one. Beside this, inadequacy of primary data, huge cost I hope I will capable to finish at best with complying these limitations.

Time frame or time budget:
In order to prepare any particular research a mind setup regarding the total time period to finish the research is very important. I think that my research will need more or less about three months to be completed. I have divided the time for several works as following categories: No. | Working List | Time Period | 1 | Literature review and preparation for guidelines and hypothesis building | 15 days | 2 | Data Collection | One months | 3 | Data analysis | 15 days | 4 | Preparing final research paper | 15 days |

Chapters Outline:
In case of discussing my whole research paper I will divide it in some specific chapters. First of all I will discuss about the basic idea of Judicial corruption. In the next chapter I will discuss about the major causes of Judicial corruption. Then I will mention another chapter in the heading of Judicial corruption in the present perspective of Bangladesh. I will also discuss the effects of judicial corruption towards ensuring justice. Beside this many statistical data regarding this topics will also be highlighted. In my research I also try to give some core guidelines and recommendations to demolish this corruption.

Concluding Remarks:
Corruption in the judiciary has the potential to do far more damage to society than corruption elsewhere. An independent, impartial, judiciary is often cited as a fundamental institution supporting civil society. If judicial corruption is going on so highly rate than our democracy will be suffered a lot. So for the sake of justice our judiciary must be need to free from all sorts of corruption. I hope through this research I will able to find out the main reason and the way of removing such corruption.

Bibliography: * Understanding How and Why Our Judges Become Corrupt, (www.Justodians.org), last accessed on 22.02.14 * Aleksandar Shopov, The Corruption in the Judiciary and its Defining, Delimitation and Elimination, (http://www.10iacc.org/content.phtml?documents=300&art=41), last accessed on 24.02.14 * John Ferejohn (1999), ‘Independent Judges,Dependent Judiciary: explaining Judicial Independence’, 72 Southern California Law Review 353 * Shimon Shetreet( 1986), Judicial Accountability: A Comprehensive analysis of the models and the recent trends, 11 International Legal Practitioner 38 * MP Sing(2000), Securing the Independence of the Judiciary-The Indian Experience, 10 Indiana International * M Ershadul Bari(1993), Importance of an Independent Judiciary in a Democratic State,4(1) Dhaka University Studies(Part F) 1 * Preventing Corruption in the Judiciary System,(judicialintegritygroup.org/.../gtz2005-en-corruption-in-judiciary), last accessed on 26.02.14 * On Corruption In Judiciary And Judicial Accountability (http://www.judicialreforms.org/resources-a-articles/144-on-corruption-in-judiciary-and-judicial-accountability.html), last accessed on 02.03.14