Friday, July 20, 2018 | ePaper

Rules for lower court SC order on Gazette Jan 2

  • Print
Staff Reporter :
The Supreme Court (SC) on Wednesday said that it would pass order on January 2 in 2018 on the published gazette on the disciplinary rules for the lower court judges.
A four-member bench of the Appellate Division headed by the Acting Chief Justice Md Abdul Wahhab Miah fixed the date.
Appellate Division said, addressing the Attorney General, "Today one judge of the bench is not present. But it should be heard in the full bench. So, not today, we will hear this matter on January 2."
Meanwhile, on December 11, the government published the much-talked gazette on the disciplinary rules for the lower court judges. But widespread criticism is growing soon after the gazette had been published, for it handed executive controlling power over the lower court judges.
On December 10, 2017, the Appellate Division extended the time till December 13, 2017, the last hearing day of the Masdar Hossain case, known as the judiciary separation case.
Appellate Division gave 12 directives in the verdict of Masdar Hossain case. To formulate the rules determining the guidelines of lower court judges was among those directives.
The Law Ministry sent a draft rules on May 7 last year to the SC, which amended that draft, but the ministry didn't publish a gazette yet.
On November 16, Law Minister Anisul Huq met five judges of the Appellate Division of the SC and discussed the rules and then told the journalists that the problem regarding issuance of a gazette notification determining the discipline of lower court judges had been resolved.
While presiding over the Appellate Division bench, Justice Sinha had expressed annoyance and dissatisfaction several times at the government's failure to issue a gazette notification on the rules. Article 116 of the original charter of 1972 had empowered the SC to decide on the posting, promotion and leave of lower court judges. The top court had also control over the magistrates' exercise of judicial powers and could discipline the judicial service staff when necessary.
Over the years, this article has been amended several times, curtailing the apex court's powers. Currently, the powers to control and discipline subordinate courts are vested in the President, who exercises these powers in consultation with the SC.
However, according to article 48(3) of the Constitution, the president acts on the advice of the Prime Minister. This gives the government ample scope to exercise power over the judiciary.

More News For this Category

Germany to help resolve Rohingya crisis

Diplomatic Correspondent :German Foreign Minister of State Niels Annen on Friday said, his government will  support the efforts to resolve the Rohingya crisis through safe and sustainable return of

AL to accord mass reception to PM today

BSS, Dhaka :Awami League will accord a mass reception to Prime Minister Sheikh Hasina at the historic Suhrawardy Udyan here for the incumbent government's outstanding contributions to the country's

Traffic movement restricted around Suhrawardy Udyan today

Traffic movement restricted around Suhrawardy Udyan today

Staff Reporter :Dhaka Metropolitan Police (DMP) have restricted vehicular movement around Suhrawardy Udyan in the capital for today in view of a mass reception programme in honour of  Prime

No polls sans Khaleda's release: BNP

No polls sans Khaleda's release: BNP

Staff Reporter :BNP senior leaders at a mass rally in city on Friday said that no election would be held in the country keeping the party Chairperson Khaleda Zia

Another Janata Bank scam of Tk 5130 crore

Staff Reporter :A leather goods export company has withdrawn Tk 1075 crore from the state-owned Janata Bank using fake documents, Bangladesh Bank investigation found.Crescent Group, which owes Tk 2760 crore

Amid criticism over Putin summit, Trump wants second meeting

WASHINGTON (AP)  :President Donald Trump said Thursday he wants a second meeting with Russia's Vladimir Putin to start implementing ideas they discussed at the Helsinki summit. Pushing back against criticism

 Repression may turn into anti-govt agitation

Repression may turn into anti-govt agitation

DU Correspondent :Around a hundred teachers of Dhaka University and other three public varsities at a solidarity rally in Dhaka University (DU) campus on Thursday have asked the government to

SoEs pose big fiscal risk

Kazi Zahidul Hasan :State-owned Enterprises (SoEs) continue to suck money from the state coffer owing to accumulated losses and outstanding loans to public banks posing a big fiscal risk for

Hottest day of the year

Staff Reporter :The residents of the capital city on Thursday experienced the hottest day of the year. According to the Met Office, the temperature in the capital was 37.6 degrees

 66.64pc pass in HSC exams

66.64pc pass in HSC exams

Staff Reporter :The pass rate of Higher Secondary Certificate (HSC) and its equivalent examinations is 66.64 percent compared with 68.91 percent last year. A total of 8,58,801 examinees, out of