Dhaka: In a historic judgment, the High Court (HC) today restored the authority of the Supreme Court over the control and discipline of subordinate court judges. It also directed the government to create a separate secretariat for the judiciary within the next three months.
According to Bangladesh Sangbad Sangstha, a High Court division bench comprising Justice Ahmed Sohel and Justice Debasish Roy Chowdhury delivered the verdict. The judgment declared the rule absolute and struck down the amendment to Article 116 of the Constitution, thereby restoring its original (1972) provision.
The HC had fixed today for pronouncing the judgment after concluding the hearing of the case on August 13, 2025. Advocate Mohammad Shishir Manir appeared for the writ petitioners, while Attorney General Md Asaduzzaman represented the state. Senior lawyer Sharif Bhuiyan made submissions as amicus curiae, and lawyer Ahsanul Karim argued as intervener.
The case originated on August 25 last year when seven Supreme Court lawyers filed a writ petition challenging the validity of Article 116 of the Constitution and the Judicial Service (Discipline) Rules, 2017. They also sought a directive for establishing a separate secretariat for the judiciary. The petitioners included Mohammad Saddam Hossain, Md Zahirul Islam, Mostafizur Rahman, Abdullah Sadik, Md Mizanul Haque, Aminul Islam Shakil, and Zayed Bin Amjad.
After the preliminary hearing, a High Court bench comprising Justice Farah Mahbub and Justice Debasish Roy Chowdhury issued a rule on October 27 last year. The court questioned the consistency of Article 116 and the 2017 Judicial Service (Discipline) Rules with the Constitution and asked why a separate judicial secretariat should not be established. The court directed two secretaries of the Law Ministry and the Registrar General of the Supreme Court to reply to the rule. The Registrar General was also asked to submit a progress report within 60 days regarding the establishment of a judicial secretariat.
Justice Farah Mahbub was elevated to the Appellate Division on March 25 this year, and the Chief Justice later assigned the case to a HC bench comprising Justice Ahmed Sohel and Justice Debasish Roy Chowdhury for hearing and disposal. After several days of hearing from both sides, the bench had fixed today for delivering the verdict.