SC set February 5 for publishing gazette on judges’ service rules
A seven-member apex court bench led by Chief Justice Surendra Kumar Sinha passed the order as attorney general Mahbubey Alam sought a month’s time to publish the gazette.
Earlier on December 12, 2016, the Appellate Division of the Supreme Court asked the government to finalize rules regarding conduct and service rules for lower court judges and issuing gazette in this regard by today.
The apex court passed the order as the Law Ministry on December 11 issued a notification saying the President has decided that there is no need for publishing the proposed draft of conduct rules and discipline rules for judicial officers and Bangladesh Judicial Service (service making, appointment to the service post, dismissal, suspension and removal) Rules, 2007 in the Bangladesh gazette.
The Appellate Division on December 8 summoned Law and Justice Division Secretary Abu Saleh Sk Md Zahirul Haque and Legislative and Parliamentary Affairs Division Secretary Mohammad Shahidul Haque to appear before it on December 12 to explain the ministry’s position over the matter.
The apex court passed the order while hearing a civil appeal in Masdar Hossain case. The SC on December 2, 1999, delivered the historic verdict with a 12-point directive for separating the judiciary from the executive.
The law ministry later submitted a draft of service rules regarding conduct for the lower court judges to the apex court. The Supreme Court asked for amending the draft and publishing it as gazette notification.
Lastly on December 1, 2016, the apex court ordered issuing the gazette notification within seven days.