Monday, January 21, 2019 | ePaper

Executive control over judiciary

SCBA for new gazette with correction

  • Print
Staff Reporter :
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."

More News For this Category

Arrest warrant against Khaleda

Court Correspondent :A  Dhaka court yesterday (Sunday) issued an arrest warrant against BNP Chairperson Begum Khaleda Zia, in a case filed for allegedly making false and instigative remarks on religious

Hundreds of vehicles got stuck in a traffic gridlock on both sides of city street due to on going work of metro rail project. This photo was taken from Bangla Motor area on Sunday.

Hundreds of vehicles got stuck in a traffic gridlock on both sides of city street due to on going work of metro rail project. This photo was taken from Bangla Motor area on Sunday.

Dhaka to file case with NY court soon

Staff Reporter :Bangladesh Bank will file a lawsuit with a New York court by this month over the heist of $81 million from its account with the US Federal Reserve

Coaching centres to remain shut during SSC exams

Staff Reporter :The Education Ministry has decided to keep coaching centres closed across the country for a month from January 27 with a view to preventing leak of question papers

Govt to allow LNG import in pvt sector Importers to fix prices

Anisul Islam Noor :The businessmen welcomed the government's plan to allow private sector to import LNG, regasify and sell it to consumers under a specific policy.Elaborating the government's plan, State

12 more killed in road crashes

Staff Reporter  :At least 12 more persons were killed and several others critically injured in separate road crashes across the country on Sunday.In Narayanganj, at least four persons died in

Ward Councillor stabbed to death in Natore

Staff Reporter :Unidentified criminals stabbed to death an Awami League (AL) supported Ward Councillor of Gopalpur Municipality in Natore district on Sunday.The deceased has been identified as Jamilur Rahman Jamil,

Holding cent pc perfect polls not possible :Quader

Staff Reporter :Road Transport and Bridges Minister Obaidul Quader on Sunday said that it is not possible to hold a cent per cent flawless election in any country in the

Gulshan attack arms supplier on remand

Staff Reporter  :Banned militant outfit Jama'atul Mujahideen Bangladesh (JMB) had planned  to snatch Holey Artisan prisoners in the way similar to the incident in Trishal in 2014.RAB's Legal and Media

Barrister Mozammel Hossain makes Bangladesh proud

Barrister Mozammel Hossain makes Bangladesh proud

Staff Reporter :Bangladeshi born barrister Mozammel Hossain has been appointed Queen's Counsel. He will be sworn in at the Westminster Hall at the Houses of Parliament in the UK on