DHAKA, Feb 13, 2017 (BSS) - The Appellate Division of the Supreme Court (SC) today allowed two weeks more time to the state for finalizing service rules and conduct for lower court judges and publish gazette in this regard.
The full bench of Appellate Division led by Chief Justice Surendra Kumar Sinha passed the order as Attorney General Mahbubey Alam submitted a written explanation behind his repeated time pleas to this end.
Yesterday was fixed for publishing the gazette, as the apex court on February 5 allowed the government one more week in this regard. But the chief law officer of the state sought more time saying the draft of the gazette was sent to President for review.
"I was informed that a copy of the gazette was sent to President for review after making some correction on it following the discussion between the ministry and the Supreme Court. So I pleaded for two weeks time to publish the gazette. The court has ordered me to submit the explanation in writing," Alam said yesterday.
Earlier on December 12, 2016, the Appellate Division of the Supreme Court had asked the government to finalize rules regarding conduct and service rules for lower court judges and issuing gazette in this regard by January 15.
The apex court passed the order as the Law Ministry on December 11 issued a notification saying the President has decided that there is no need for publishing proposed draft of conduct rules and discipline rules for judicial officers and Bangladesh Judicial Service (service making, appointment to the service post, dismissal, suspension and removal) Rules, 2007 in the Bangladesh gazette.
The Appellate Division on December 8 summoned Law and Justice Division Secretary Abu Saleh Sk Md Zahirul Haque and Legislative and Parliamentary Affairs Division Secretary Mohammad Shahidul Haque to appear before it on December 12 to explain the ministry's position over the matter.
The apex court passed the order while hearing a civil appeal in Masdar Hossain case. The SC on December 2, 1999, delivered the historic verdict with a 12-point directive for separating the judiciary from the executive.
The law ministry later submitted a draft of service rules regarding conduct for the lower court judges before the apex court. The Supreme Court had asked for amending the draft and publishing it as gazette notification.
Lastly on December 1, 2016, the apex court had asked to issue the gazette notification within seven days.
Source: Bangladesh Sangbad Sangstha (BSS)