SC wants explanation for repeated time plea over judges’ service rules

DHAKA, Feb 12, 2017 (BSS) - The Appellate Division of the Supreme Court (SC) today asked the state to submit written explanation for its repeated time pleas over publishing of gazette on judges' service rules.

The full bench of Appellate Division led by Chief Justice Surendra Kumar Sinha ordered Attorney General Mahbubey Alam to submit the explanation in writing tomorrow.

"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," Attorney General Mahbubey Alam said.

Today was fixed for publishing the gazette, as the apex court on February 5 allowed the government one more week to finalize service rules and conduct of the lower court judges and publish gazette notification in this regard.

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 12-point directives 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 to amend the draft and publish it as gazette notification.

Lastly on December 1, 2016, the apex court had asked to issue the gazette notification within seven-day.

Source: Bangladesh Sangbad Sangstha (BSS)