Law ministry in a shambles

The recruitment and promotion policy for the law, justice and parliamentary ministry was not followed in appointment and promotion of many officials in last three years, depriving the judicial officials.
Introduced in 2001 in consultation with the Supreme Court, the policy says the law secretary and 75 percent of the first class officers at the ministry's law and justice wing shall be appointed from among the judicial officials.
But it was breached when Kazi Habibul Awal was made acting secretary to the ministry in June 2007 and made permanent in the position in June next year.
The High Court in February 2008 declared the appointment illegal as it noted Awal was not from the judicial cadre, but from the legislative drafting wing of the ministry.
The Appellate Division of the Supreme Court on Thursday upheld the ruling.
Earlier in 2007, the HC rejected a challenge against the provision of keeping 75 percent posts of the first class officers including the secretary reserved for judicial officials.
That HC decision too was upheld by the apex court.
The HC in its judgment observed that traditionally the judicial officials have held most of the law ministry posts including that of the secretary. And to give this practice a formal recognition a recruitment policy was adopted in 2001.
Citing the government's rules of business, the HC said since the functions of the law ministry are specialised, judicial officials are needed to discharge those properly in the public interest.
Bangladesh Judicial Service (posting, promotion, grant of leave and discipline) Rules 2007 too say judicial officials can be appointed to the reserved posts in the law ministry in consultation with the SC.
After Awal was appointed law secretary, judicial cadres in the ministry grew cornered.
That judicial officials hold only two of the six joint secretary posts shows their worries are not unfounded, said ministry sources.
Shahidul Haque, an official from the drafting wing, was promoted to additional secretary last year.
On the other hand, the decision taken seven months ago to promote Anwarul Haque, a judicial official, to additional secretary has yet to be implemented, added the sources.
“Currently, only 40 percent of the first class officers are from the judicial cadre,” a senior law ministry official told The Daily Star yesterday, wishing anonymity.
A sense of uncertainty grew among the judicial officials in last three years as more and more admin cadres were appointed and promoted as first class officers at the justice wing, said members of the judicial service association.
Against this backdrop, leaders of the judicial service association, comprised of around 1,400 judicial officials, are trying to meet Prime Minister Sheikh Hasina to apprise her of the legal provisions on recruitment at the law ministry.
The association leaders believe the prime minister was not rightly briefed about the legal provision. And that might be the reason she told parliament in March that the secretary's post is not reserved for judicial officials.
Following the SC verdict on Thursday, Law Minister Shafique Ahmed said the government would take necessary steps on receipt of a certified copy of the verdict.