SC advice must before probing judicial officers

The Supreme Court has restricted primary investigation, enquiry or proceedings into allegations of misconduct and corruption by judicial officers (lower court judges) without the apex court's advice.

The Supreme Court yesterday issued the order through a circular and asked all concerned to inform the apex court if the order was being violated.

The circular signed by registrar Abu Syed Diljar Hossain of the High Court Division of the Supreme Court said the apex court had noticed that without consulting it, primary probes and enquiries were being conducted against allegations of misconduct and corruption by judicial officers at the instruction of law and justice division of the law ministry.

The circular said as per article 116 of the constitution, the president, with the advice of the Supreme Court, controls and disciplines judicial officials and judicial magistrates.   

Therefore, it is mandatory for the competent authorities to take the Supreme Court's advice in determining placement, transfers, promotions, granting leaves, control, disciplinary rules, and going abroad of judicial officers, it said.

According to article 109 of the constitution, the High Court Division of the Supreme Court has the authority to supervise and control the members of judicial service (lower court judges).

The judicial service and its members have been separated and made independent from other services by articles 109, 116 and 116 (A) of the constitution, it said.

The priority of the Supreme Court advice has been ensured, regarding discipline of judicial officers, by the apex court verdict in the Masdar Hossain case (known as the judiciary separation case), the circular said.

It said it was mandatory for the authorities to take advice of the Supreme Court to this effect according to the Bangladesh Judicial Service (determining workplace, promotion, leave granting, disciplinary rules and other job conditions) Rules, 2007, issued by the president.

Source: thedailystar