Lower court judges' conduct: SC expresses discontent at govt
The Supreme Court today further expressed discontent at the government for seeking more time to issue a gazette notification on the rules determining the disciplines and code of conducts for lower court judges.
The government has so far sought time from the apex court for around 10 times on different grounds for issuing the gazette notification, the attorney general’s office sources said.
Attorney General Mahbubey Alam today submitted an application on behalf of the government before the Appellate Division of the SC, saying “The ministry of law, justice and parliamentary affairs expects that necessary steps will be taken by the hon’ble president in respect of the proposed rules within four weeks”.
In the application, the government prayed to the SC to adjourn the matter for four weeks “for ends of justice”.
A six-member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha was holding a hearing on the Masdar Hossain case, popularly known as separation of judiciary case.
After going through the adjournment application, the SC told the attorney general that this is not a presidential government.
This is a parliamentary democratic system, but, why the president is being referred time and again, the apex court said and questioned, “Do you want to sideline the judiciary by referring the president?”
The SC bench adjourned the hearing of the case for one week.
Contacted, Attorney General Mahbubey Alam told The Daily Star that the government has taken time from the SC for ends of justice in respect of making the disciplinary rules for lower court judges on different grounds including that the matter is now up to the president.
He, however, could not specifically say how many times the government has taken time from SC on this issue.
On March 14, the SC has once again expressed dissatisfaction at the government failure to issue the gazette notification on the rules determining the disciplines and code of conducts for lower court judges, saying that “The judiciary has been held hostage by not issuing the gazette”.
Earlier on November 7 last year, the SC expressed disappointment that the government did not finalise the rules outlining the job disciplines for lower court judges.
During the hearing that day, the court said the judiciary was held hostage as no action could be taken for misconducts by lower court judges due to a lack of rules. It also said some lower court judges were involved in corruption and anomalies and yet steps could not be taken against them.
Also on that day, the top court gave the government two weeks to finalise the rules and to issue a gazette notification to this effect.
The lower judiciary was officially separated from the executive branch in November 2007 but the disciplinary rules for lower court judges are yet to be made.
The law ministry had drafted the rules and sent those to the SC for its opinion on May 7, 2015. The court revised the draft and resent it to the government for passage.
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