Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 1045 Fri. May 11, 2007  
   
Front Page


Judiciary Separation
Two more rules to be effective from July 1


The Supreme Court (SC) yesterday decided to recommend that the government make effective the remaining two judicial service rules from July 1 as a step towards implementing the separation of judiciary from the executive.

A competent source in the Supreme Court said two other rules are already in effect and the remaining two will take effect from July 1 as decided at yesterday's meeting of the SC judges.

"It [the decision] is one of the major developments in the way to completing the implementation of the separation of judiciary from the executive," he said.

After all the rules are made effective, only the amended CrPC (Criminal Procedure Code) will have to be accepted for the completion of judiciary separation in accordance with the SC 12-point directives, he added.

"According to the Supreme Court judgment, the separation of judiciary will be completed when all the four rules and amended CrPC come into effect. However, the judiciary's full independence requires amending Article 116 of the constitution," the SC source said, adding that the amendment can only be brought in the National Parliament.

The judges of the Appellate and High Court (HC) divisions of the Supreme Court held a meeting at 4:00pm yesterday to set a time for the rules to come into effect.

All judges of the Appellate Division and HC Division--except HC judges Badrul Huq and Faisal Mahmud Faizee--participated in the hour-long meeting at the SC conference room.

SC sources said Faizee was not invited to the meeting while Justice Huq did not attend the meeting for his disappointment over a judge's appointment in the Appellate Division superseding him.

Chief Justice Mohammad Ruhul Amin chaired the meeting.

The government published the four rules regarding judiciary separation in January and later made some corrections to them in accordance with SC advice.

The rules are Judicial Service Commission Rule 2002, Bangladesh Judicial Service Pay Commission Rule 2002, Bangladesh Judicial Service (Service Constitution, Composition, Recruitment, Suspension, Dismissal and Removal) Rules 2002, and Bangladesh Judicial Service (Posting, Promotion, Leave, Control, Discipline and other Service Condition) Rules 2001. The last two rules will be made effective from July 1.

Although the gazette notification of the two rules was published earlier, it said, "This rules will be effective through government gazette notification when the Supreme Court would suggest the time to make it effective."

The SC source said although the ordinance amending the CrPC has already been promulgated through a gazette notification, it will also come into effect later following completion of necessary process.

Meanwhile, the SC on Monday directed the government to complete the process for the implementation of separation of judiciary from the executive and inform the court of its execution by July 19.

In its three-point direction, the SC asked the government for the creation of and sanction for a certain number of courts for magistrates across the country along with manpower and logistic support, allotment of courtrooms and chambers for judges, and necessary budgetary allocations.

Earlier on April 16, the Appellate Division directed the government to amend the Judicial Service Pay Commission Order within three weeks and submit it to the court by May 7.

The court on Monday accepted the amendment to the Judicial Service Pay Commission Order and three more orders regarding judicial service and civil procedure amendments.

In its three-point direction to the ministries of law, home, finance and housing, the court said required number of courtrooms have to be constructed for the replacement of judicial magistracy in every district.

The court also directed for creating posts of assistant officials and employees and giving appointment to the posts. Justices will have to be provided with other facilities along with chambers while sufficient fund is to be allocated for the purposes.