Warrant of Precedence: SC order on review petitions deferred again

The Supreme Court has again deferred the delivery of its order on the review petitions challenging its judgment on the Warrant of Precedence, which determines the order of seniority and protocol among the state's officials and dignitaries for ceremonial and formal purposes.

A bench of Appellate Division of the SC headed by Justice Md Ashfaqul Islam did not pass the order today as Justice Zubayer Rahman Chowdhury, a judge of the bench, did not sit in the court as his mother passed away last night.

The bench will fix a new date for passing the order after Justice Zubayer joins the court, cabinet secretary's lawyer Mohammad Salahuddin Dolon told The Daily Star.

Yesterday, a six-member bench of the Appellate Division headed by Justice Md Ashfaqul Islam deferred until today the delivery of its order on the review petitions.

On July 30, the same bench fixed yesterday for the delivery of the order after concluding hearing on the petitions.

Currently, the president and prime minister enjoy the first and the second positions respectively in the existing Warrant of Precedence, formulated in 1986 and revised in 2008.

The speaker of Jatiya Sangsad and the chief justice hold third and fourth positions respectively. The cabinet secretary, the chiefs of staff of the army, navy, and air force, and the principal secretary to the prime minister hold the 12th position in the Warrant of Precedence.

Following a writ petition, the High Court on February 4, 2010, declared the existing Warrant of Precedence illegal and void, and directed the government to issue a new Warrant of Precedence for the republic's officers, and to give district judges and equivalent judicial officers precedence over the chiefs of the armed forces and government secretaries.

Later in 2011, the cabinet secretary filed an appeal with the SC on behalf of the government, challenging the HC verdict.

On January 11, 2015, the Appellate Division delivered a short verdict after disposing of the appeal.

November 10, 2016, the Appellate Division released the full text of its verdict on the appeal, directing the government to amend the Warrant of Precedence, giving priority to constitutional functionaries and granting district judges the status equivalent to that of government secretaries.

The status of the chief justice should be equal to that of the Jatiya Sangsad speaker, the apex court observed in the full text of the verdict.

In 2017, the then cabinet secretary and the then chairman of the Public Service Commission (PSC) filed separate petitions with the Appellate Division seeking a review of the verdict.

Later, 90 deputy attorney generals (DAGs) and assistant attorney generals (AAGs) of the state were made parties to the review petitions.

Barrister Mohammad Salahuddin Dolon appeared for the cabinet secretary, while senior lawyer Ahsanul Karim argued for the DAGs and AAGs. Senior lawyer Probir Neogi stood for the Judicial Service Association, and senior lawyer Nihad Kabir represented the writ petitioner during the hearing proceedings.