Rules for Lower Court Judges: SC says president 'misinformed'

The president has been misinformed about issuance of gazette notification on the rules determining discipline and conduct of lower court judges, the Supreme Court observed yesterday.

It asked the law ministry to issue a gazette notification on the conduct rules by January 15 next year, adjourning the hearing on the Masdar Hossain case, also known as the separation of the judiciary case, till that date.

Tap here to add The Daily Star as a trusted source

The apex court came up with the directive a day after the law ministry issued a notification, which said the president decided not to issue a separate gazette notification on the conduct rules.

Officials of the ministry would not have done this if they had the minimum knowledge, said an eight-member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha.

The lower judiciary was officially separated in November 2007 but the conduct rules for lower court judges are yet to be finalised.

The government had drafted the conduct rules and sent those to the SC for its opinion. The court revised the draft rules in the light of the 1999 verdict in the separation of the judiciary case.

On several occasions, the apex court expressed dissatisfaction with the government for not finalising the rules.

On December 8, the court asked two secretaries of the law ministry to appear before it on December 12 to explain the delay in finalising the rules.

But the ministry on December 11 issued the notification in which it said the president decided that there was no need for issuing a gazette notification on the draft proposed by the SC for amending the conduct and discipline rules for judicial officials as well as the Bangladesh Judicial Service Rules, 2007.

The SC, however, said it didn't make any proposal on the draft of the conduct rules.

The judiciary is a branch of the state and this court is not a rival of the government. There is no scope for misunderstanding, said the apex court.   

Speaking at the court, Mohammad Shahidul Haque, secretary to the legislative and parliamentary affairs division of the law ministry, said the law and justice division of the ministry prepared the draft of the rules, and the secretary to that division could give proper explanation on it. 

In response, ASSM Zahirul Haque Dulal, secretary to the law and justice division, told the court that his office acted upon orders from the higher authorities, and sent the conduct rules to the president.

The apex court said the law secretary is a judicial official, and he has to comply with the SC directives.

It also mentioned that the then law secretary Kazi Habibul Awal was removed from the law ministry following an SC order.      

Law Secretary Zahirul Haque then told the SC that he would act in line with the SC directives.

Talking to The Daily Star about the SC proceedings, Attorney General Mahbubey Alam said, “A problem has been created. I sought two months' time from the Supreme Court to resolve the problem. It has given time till January 15 next year and adjourned the hearing of Masdar Hossain case till that day. 

CABINET MEMBERS REACT

Meanwhile, a number of cabinet members criticised the SC observation in an unscheduled discussion at the weekly cabinet meeting, two ministers told The Daily Star later.

On the SC observation, the law minister told the meeting that the president's jurisdiction on the matter cannot be questioned, as it is clearly mentioned in the country's constitution.