SC restricts probe against judicial officials without its consent
The Supreme Court today issued a circular restricting enquiry into any allegation against lower court judges without consent of the apex court.
The SC in the circular signed by Aby Syed Diljar Hossain, registrar of the High Court Division of the SC, also asked all concerned to inform it if the restriction order is violated.
The circular said the apex court has noticed that primary investigation or enquiry is being conducted into the misconduct, corruption or any other allegation against some judicial officers under the instruction from the law and justice division [of the law ministry] without consulting with the SC.
The control (determining work place, promotion and granting leave) and disciplines of judicial officials and judicial magistrates are delegated to the president on the SC’s consultation as per article 116 of the constitution.
Therefore, the authorities concerned are bound to take SC’s advice for determining workplace, promotion, granting leave, control, disciplinary rules, going abroad and other job conditions of the judicial officers, the circular said.
It said the authority to supervise and control the members of judicial service (lower court judges) is vested to the High Court Division of the SC under article 109 of the constitution.
The judicial service and its members have been kept separated and independent from other services under articles 109, 116 and 116 (A).
Besides, priority of the SC advice has been ensured over the issues regarding discipline of judicial officers under the apex court verdict in Masdar Hossain case known as judiciary separation case, the circular said, adding that the competent authorities are bound to take advice from the SC to this effect under the Bangladesh Judicial Service (determining workplace, promotion, leave granting, disciplinary rules and other job conditions) Rules, 2007 issued by the president.
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