Dhaka: Eminent lawyers have been considering the 'Supreme Court Secretariat Ordinance' as a golden addition and a milestone step in the history of the country's judiciary. They expected that the ordinance will end the dual administration between the Supreme Court and the Ministry of Law, Justice and Parliamentary Affairs.
According to Bangladesh Sangbad Sangstha, Chief Prosecutor of the International Crimes Tribunal (ICT) Mohammad Tazul Islam expressed that this ordinance is a significant achievement for the nation. He emphasized that the responsibility and accountability of the judiciary have heightened, hoping for a future where judges remain accountable solely to their conscience, the constitution, and the law.
In discussions with reporters, SC's senior lawyer Barrister Md. Ruhul Quddus Kajol highlighted his belief that the ordinance will resolve the dual administration issue and empower the judiciary. He stressed that the ordinance's success hinges on proper implementation and extended gratitude to the Chief Justice and interim government for its issuance.
Masdar Hossain, a former judge and petitioner in a landmark judicial separation case, noted that the ordinance was a longstanding desire of both the judiciary and the nation. He acknowledged the interim government and Chief Justice for their roles in bringing about this change.
SC's senior lawyer Mohammad Shishir Monir remarked on the ordinance as a pivotal step for Bangladesh. He pointed out that the lower courts have been liberated from administrative control, with decisions regarding judicial personnel now under the purview of the higher judiciary.
The ordinance has been introduced to ensure the judiciary's full independence. Chief Justice Dr. Syed Refaat Ahmed initiated the proposal for a separate Supreme Court secretariat, which received final approval from the interim government's Advisory Council. The Ministry of Law subsequently issued the ordinance, granting the Chief Justice full authority over the Secretariat.
The ordinance outlines that decisions related to judges' posting, promotion, transfer, discipline, and leave will be managed by the Secretariat. Masdar Hossain, also the general secretary of the BCS Judicial Association, had been instrumental in the 1995 case advocating for judicial independence, which culminated in a historic 1999 Supreme Court verdict. This paved the way for formal judiciary separation in 2007, marking a significant milestone in the country's legal history.