SC refuses to fully accept govt rules for lower court judges

The Supreme Court today refused to fully accept the rules determining the discipline and code of conduct of lower court judges submitted by the law ministry.

Expressing dissatisfaction at the law ministry, the court said the ministry has taken a u-turn in making the rules in the light of its directives mentioned in the verdict of Masdar Hossain case (known as Judiciary separation case).

The apex court decided to hold a meeting with the judges, law minister, attorney general and the government officials who are the experts on the rules.  The meeting can be held anytime between 2:00pm and 12midnight this week, the court said.

A six-member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha also fixed August 6 for passing further order on this issue.

In the rules made by the law ministry, its officials have been kept safe even if any allegation is raised against them, the chief justice said.

The High Court is the authority to control the lower court judges and this provision has been remaining from 1861. But in the rule submitted by the government, the district judges have been made the authority to control the assistant judges, the CJ said.

According to the proposed rules submitted by Law Minister Annisul Huq on Thursday, the chief justice has no authority to take any action against the law ministry officials, he added.

The chief justice said he did not examine the rules when the law minister submitted the rules during a meeting with him.

Earlier, the law minister had fully agreed with the chief justice over formulating the rule but the rule which was submitted is reversed, he said.

Terming the attorney general a “bridge” between the Supreme Court and the government, the chief justice said the attorney general will communicate with the government for holding the meeting so that a complete rule can be formulated.

Source: thedailystar