Thursday, October 18, 2018 | ePaper
Executive control over judiciary
SCBA for new gazette with correction
The leaders of the Supreme Court Bar Association (SCBA) on Wednesday said that the published gazette on the disciplinary rules for the lower court judges handed the executive controlling power over the judiciary.
"This gazette is ultra vires to the Constitution and contrary to the judgement in the Masdar Hossain case, known as the judiciary separation case," the bar leaders reminded the government.
The SC bar leaders said this at a press conference arranged in the Supreme Court Bar Association auditorium to express reactions over the recently published gazette. Bar President Advocate Zainul Abedin read a written statement in the conference on behalf of the bar.
Bar Secretary Barrister A M Mahbub Uddin Khokan and other leaders of the executive body of the organization along with some other members of the bar were also present at the press conference.
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 was published, for it handed executive controlling power over the lower court judges.
The bar leaders claimed that the government should publish a new gazette with correction according to the directions of the Appellate Division of the Supreme Court by January 7 in 2018. Otherwise, SC bar will announce a hard line program to establish rights of the Judiciary.
"The government has placed the Judicial Service Commission under the Law Ministry. It should have been done according to the Article 116 of the Constitution, which means that the President will act on advice of the Supreme Court. There is no chance for the Law Ministry to exercise this power."
"By defining some words, the gazette has diminished the freedom of the lower court judges. Now the government will control them."
Bar Secretary Barrister Mahbub Uddin Khokan said, "The government forced Justice Sinha to go on leave and finally to go on retirement as he opposed the administrative control over the lower court judges."
"Law Minister Advocate Anisul Huq's speech-- published gazette was finalized discussing with the judges of the Appellate Division-- is one sided," says the bar Secretary. "I think, Appellate Division cannot take such decision."