Lower Court Judges: SC wants the president's power

The Supreme Court wants the power of the president regarding the discipline of lower court judges, provided under article 116 of the constitution, said Law Minister Anisul Huq yesterday.   

“They [SC judges] have revised the [disciplinary] rules which show that they want the power of the president … How can I give it? You give me a verdict … I cannot give it,” he said.

The law minister was speaking at a preparatory meeting organised by Bangabandhu Awami Ainjibi Parishad at the Supreme Court Bar Association for holding a convention.

Article 116 says, “The control [including the power of posting, promotion and grant of leave] and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the president and shall be exercised by him in consultation with the Supreme Court.”

Anisul said there was a serious apprehension that “it [SC observation on disciplinary rules] might create conflict with the president's power.

"That is why the law ministry is so seriously looking into… There is room for discussion. Had there been no intention to discuss, I would not have submitted the draft to the chief justice."

Referring to Chief Justice Surendra Kumar Sinha, Anisul said sitting in the courtroom, the chief justice talked about getting rid of the High Court.

“Bangabandhu [Sheikh Mujibur Rahman] established the High Court. How can we get rid of the High Court? Is it not irrelevant?” the law minister said.

On Sunday, the SC refused to fully accept the draft rules determining the discipline of lower court judges, and said the rules were the opposite of the top court's directives.

“And it cannot go on like this,” said the chief justice, who was heading a six-member bench of the apex court, during the hearing on the Masdar Hossain case, popularly known as the judiciary separation case.

The law minister met the CJ at his office on Thursday and submitted the draft.

The minister then told reporters that the rules would be sent to the president for approval if the CJ gave consent to those after scrutiny.

Awami League General Secretary Obaidul Kader, Attorney General Mahbubey Alam, AL Presidium Member Abdul Matin Khasru and Law Secretary SM Rezaul Karim, among others, spoke at yesterday's meeting.