Lower Court Judges: Gazette on discipline rules by December 3

The government is likely to issue a gazette notification on the rules determining the discipline of lower court judges by December 3, Law Minister Anisul Huq said yesterday.

The minister told this to The Daily Star last night after a meeting with the apex court judges at the Kakrail residence of Justice Abdul Wahhab Miah, who has been performing the functions of chief justice.

“We have resolved the issues that had created the problem. Now the draft [of the rules] will be sent to the president for his approval. Once the president approves the draft, it will be published in the Bangladesh gazette,” he said.

“No issues other than the disciplinary rules [for lower court judges] were discussed at the meeting,” he added.

Four other apex court judges--Justice Syed Mahmud Hossain, Justice Muhammad Imman Ali, Justice Hasan Foez Siddique and Justice Mirza Hussain Haider--attended the meeting.

The next hearing in the Supreme Court on the Masdar Hossain case, known as judiciary separation case, is scheduled for December 3.

Acting SC Registrar General Zakir Hossain and joint secretary to the law ministry Bikash Kumar Saha, among others, were also present at yesterday's meeting.

The law minister said he does not know who will be appointed the new chief justice and when the appointment would take place as only the president can take the decisions.

Article 97 of the constitution states, “If the office of the chief justice becomes vacant, or if the president is satisfied that the chief justice is, on account of absence, illness, or any other cause, unable to perform the functions of his office, those functions shall, until some other person has entered upon that office, or until the chief justice has resumed his duties, as the case may be, be performed by the next most senior Judge of the Appellate Division.”

Amid flak from the ruling quarters over different issues, including the 16th amendment verdict, Justice Sinha resigned on November 10.

On November 5, Attorney General Mahbubey Alam told reporters that the law minister would sit with the judges of the Appellate Division to resolve the issue of disciplinary rules for lower court judges.

Justice Sinha wanted to see that the rules curb the power of the president, said the AG.

While presiding over the Appellate Division bench, Justice Sinha had expressed annoyance and dissatisfaction on multiple occasions at the government's failure to issue a gazette notification on the rules determining the discipline of lower court judges.