Code of conduct for lower court judges may be gazetted by Dec 3

Law Minister Anisul Huq on Thursday said the much-awaited gazette notification on the rules determining discipline and conduct of lower court judges will be issued before December 3 if the President permits.

The minister came up with the announcement while talking to the journalists after a meeting with acting Chief Justice Abdul Wahhab Miah at the latter’s residence  tonight. 

“Thanks to Almighty Allah. We have finally reached a consensus on the rules determining discipline and conduct of lower court judges,” Anisul said. 

“If the President allows, we will publish the gazette notification in this regard by December 3,” he added. 

Reply to a query, the Law Minister said president will decide whether he himself or the Supreme Court will control the lower judiciary. 

“I can’t say anything until the publication of the gazette,” Anisul added. 

Four other Justices of the Appellate Division were also present during the meeting.

On November 5, Attorney General Mahbubey Alam said the Law Minister would sit with the Justices of the Appellate Division to discuss the issue. 

Earlier on October 8, the SC extended time up to November 5 the deadline for publishing the gazette notification.

On August 20, the apex court gave the government two more weeks to publish it.

On August 6, the SC extended time up to October 8 for publishing the gazette.

On July 30, the SC declined to accept the draft of the disciplinary rules and code of conduct for lower court judges which was earlier submitted by the Law Minister to the Chief Justice, and proposed a meeting with the government to settle the issue.

Earlier on several occasions, the apex court expressed dissatisfaction at the government's failure to issue the gazette notification.

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

On December 2, 1999, the Supreme Court in the Masdar Hossain case issued a seven-point directive, including formulating separate disciplinary rules, for the lower court judges.

The Law Ministry on May 7, 2015 sent a draft of the rules to the Supreme Court which is similar to the Government Servants (Discipline and Appeal) Rules 1985.

Source: unb