SC stays 2018 order endorsing disciplinary rules for lower court judges

The Appellate Division of the Supreme Court has stayed its 2018 order that accepted the disciplinary rules formulated by the Sheikh Hasina-led government for lower court judges.

A six-member bench of the Appellate Division headed by Chief Justice Syed Refaat Ahmed passed the order today after hearing a review petition filed by seven Supreme Court lawyers and a lower court lawyer challenging the earlier decision.

The court also allowed the petitioners to move an appeal before the Appellate Division against the 2018 order.

Advocate Mohammad Shishir Manir represented the petitioners, while Attorney General Md Asaduzzaman appeared for the state.

On January 3, 2018, the apex court accepted the disciplinary rules, saying that the rules will uphold the supremacy of the SC, and it has not lost its powers over the subordinate courts because of them.

On that day, a five-member bench of the Appellate Division, headed by Justice Md Abdul Wahhab Miah, who was then discharging the duties of the chief justice, passed the acceptance order during a hearing on the Masder Hossain case, popularly known as the separation of the judiciary case.

The apex court, however, kept the Masder Hossain case as a continuous mandamus, meaning that this court can pass any further order on the issue if deemed necessary in future.

On May 19 this year, SC lawyers Shishir Manir, Mohammad Saddam Hossen, Md Zahirul Islam, Abdullah Sadiq, Md Mizanul Hoque, Mohammad Abdul Wadud and Aminul Islam Shakil, and lower court lawyer Jayed Bin Amjad, submitted the petition to the SC seeking review of its January 3, 2018 order.

On December 11, 2017, the law ministry, as per the SC directive, issued a gazette notification on the rules titled "Bangladesh Judicial Service (Discipline) Rules 2017" for the lower court judges.

Later, the law ministry submitted the notification to the apex court through the attorney general's office.

Under the rules, the president will make necessary decisions in consultation with the SC, and the law ministry will then implement those.

The president can also appoint an investigation officer or form a three-member committee to conduct probe into any allegations brought against a lower court judge.

Following the writ petition filed by Md Masder Hossain, the then district judge, and several other judicial officials, the High Court in May, 1997, had directed the government to take necessary steps to separate the judiciary from the executive.

The then government had appealed to the SC against the HC verdict.

On December 2, 1999, the SC had upheld the HC verdict and delivered 12 directives for separating the judiciary from the executive.