Chief justice warns law ministry

Chief Justice Surendra Kumar Sinha yesterday said it would be a serious mistake on the part of law ministry officials if they try to dominate the Supreme Court through misinterpretation of law.

“A little learning is a dangerous thing. If those in the law ministry -- of the rank of assistant judge to senior district judge -- think the Supreme Court will act in line with their decision, that will be a serious mistake on their part,” he said.

The SC judges think a lot before making any decision regarding the judiciary, the CJ said while presiding over a hearing on the Masdar Hossain case, popularly known as the separation of the judiciary case. A seven-member bench headed by the CJ is hearing it.

Justice Sinha made the remarks referring to a law ministry statement on a SC circular that said 17 lower court judges cannot travel abroad without the apex court's approval.

In the statement issued on May 25, the law ministry said the SC circular has no effectiveness and is not applicable to the judicial officials working at the ministry on deputation, as the president approved their travel plans.

On May 22, the SC authorities issued a circular imposing a travel restriction on the 17 lower court judges. The circular said the apex court was not consulted about sending the judges abroad.

The law ministry had earlier decided to send around 540 lower court judges to Australia in phases to receive training at a university on different issues, including cyber crime, counter terrorism and climate change.

A memorandum of understanding between Bangladesh law ministry and Australia's Western Sydney University was signed in Dhaka on March 28 in this regard.

As part of the initiative, 17 judges were to travel to Australia later this month.

During yesterday's proceedings, Attorney General Mahbubey Alam yet again moved a time plea seeking two more weeks for the government to issue a gazette notification on the rules determining conduct and discipline of lower court judges.

After the AG moved the petition, the chief justice said, “We don't know whether to laugh or cry. Forty-five years have passed after the country's independence, but some irregularities and faults are still there… We want to put a system in place.”

“We have extended cooperation to the executive by allowing judicial officials to work [for the executive] on deputation so that the executive can work smoothly. If we withdraw them from deputation, the executive cannot do anything. Don't agitate the judiciary,” SK Sinha mentioned.

It would be better if there is “less misunderstanding”, he pointed out.

The CJ also noted that law ministry officials have been trying to create a distance between the judiciary and the executive by giving misinterpretation of law.

“If you don't know a law, you seek interpretation of the law from us [the SC]. The Supreme Court is the authority to give interpretation of law under the constitution. The government sought opinion from the Supreme Court to determine the mode of trial of the BDR carnage. And the Supreme Court gave its opinion,” he said.

Justice Sinha further said if the government sends a file to the president and requests him to approve it, he gives the nod. And if the government requests him not to endorse anything, he doesn't.

“If the law ministry officials give any interpretation of law and think that they are correct, that would be a serious a mistake on their part,” he added.

The apex court adjourned the hearing on the case for two weeks.

Earlier on several occasions, the top court had expressed dissatisfaction and disappointment at the government's non-issuance of a gazette notification determining the conduct and disciplinary rules for lower court judges.