Dhaka: The Judiciary Reform Commission (JRC) has put forward a proposal to grant the Supreme Judicial Council the authority to independently investigate allegations against judges. This move would allow the council to initiate probes without needing a formal request from the President and to recommend necessary actions based on their findings.
According to Bangladesh Sangbad Sangstha, the proposal is part of a report summary submitted to Chief Adviser Professor Muhammad Yunus by JRC members, led by Justice Shah Abu Naeem Mominur Rahman. The submission took place at the State Guest House Jamuna. The commission has also recommended prioritizing the chief justice’s decision when determining the number of judges in both divisions of the Supreme Court and suggested appointing the senior-most judge as chief justice of the Appellate Division.
The Supreme Judicial Council was reinstated by the apex court on October 20, 2024, to remove judges for incapacity or violations of the code of conduct. This decision followed the Appellate Division’s resolution of a plea to review its judgment, which had previously declared the 16th constitutional amendment illegal. The JRC has also proposed establishing a code of conduct for individuals in positions that cannot be removed except through the same procedures applicable to Supreme Court judges and former judges.
Additionally, the JRC has called for the formation of a “Supreme Court Judge Appointment Commission,” composed of nine members and led by the Chief Justice, to ensure transparency in the appointment of Supreme Court judges. Amendments to Article 116 of the Constitution were also recommended, along with the creation of a separate Supreme Court Secretariat to manage judges’ transfer, promotion, leave, and disciplinary matters, thereby reducing executive influence. The JRC further suggested amending the Judicial Service Commission’s rules.
On October 27, Chief Justice Syed Refaat Ahmed sent a proposal to the Ministry of Law, Justice and Parliamentary Affairs, advocating for the establishment of a separate judiciary secretariat. This proposal aligns with previous remarks made by the Chief Justice on September 21, where he stressed the need for a dedicated secretariat to ensure the judiciary’s independence. The Chief Justice highlighted that such a secretariat would facilitate merit-based, honest, and efficient appointments, moving beyond personal preferences.