Rules determining judges' conduct

Gazette to be published before July 15: Anisul

Law minister Anisul Huq yesterday said that the government would publish a gazette notification on the rules determining the discipline and conduct of lower court judges before July 15. The law minister came up with the remark just hours after the Appellate Division of the Supreme Court (SC) gave the government a two-week ultimatum for issuing the gazette notification.

During a hearing on the Mazdar Hossain case, popularly known as the separation of the judiciary from the executive case, a seven-member Appellate Division bench, headed by Chief Justice Surendra Kumar Sinha, gave the two-week ultimatum following a time petition filed by attorney general Mahbubey Alam seeking more time for issuing a gazette notification on the matter.

When the chief law officer of the state sought more time from the apex court, the apex court allowed him two weeks more, saying that “it is the last chance”.

Soon after the apex court's order, Anisul Huq expressed hope that a gazette notification on the rules determining the discipline and conduct of lower court judges will be published before July 15. The minister was talking to reporters at the inaugural session of a training course for assistant judges at the Judicial Administrative Training Institute in Dhaka.

“It's a very sensitive matter. The law ministry is now scrutinising all the relevant issues regarding the rules so that the gazette notification cannot be questioned after being issued,” he said.

The government has on several occasions taken time from the apex court to issue the gazette notification. The apex court, too, expressed annoyance and dissatisfaction as the government failed to issue the gazette notification in line with its order.

On May 29, the SC gave the government two more weeks to issue the gazette

notification. Earlier, on May 8 and 15, it had extended the deadline to one more week.  On April 4, the SC extended the deadline till May 8. On March 14, it extended the time by two weeks.

Before that, on February 27, the court had given the government two weeks to publish the gazette notification, as it had failed to publish it on time.

On February 5, the court ordered the authorities concerned to issue the gazette notification by February 12. On November 24, 2016, it had given the government one week to publish the gazette notification.  

The lower judiciary was officially separated in November 2007, but the disciplinary rules for lower-court judges are yet to be formulated. On December 2, 1999, the SC, in the Mazdar Hossain case, had issued a seven-point directive, including formulating separate disciplinary rules, for the lower-court judges.

On May 7, 2015, the law ministry sent a draft of the rules, similar to the Government Servants (Discipline and Appeal) Rules 1985, to the Supreme Court.

Meanwhile, the law minister in response to a query said that the government is working on formulating the Digital Security Act.

A meeting will be held among the ministers and officials of Ministry of Law, the Information Communication Technology (ICT) Division, the Ports and Telecommunication Division and the home ministry on July 9 when the final draft on the Digital Security Act would be prepared, he added.

The minister termed all criticism of the Digital Security Act before its formulation as “premature”.

Rules determining judges conduct

Gazette to be published before July 15: Anisul

Law minister Anisul Huq yesterday said that the government would publish a gazette notification on the rules determining the discipline and conduct of lower court judges before July 15. The law minister came up with the remark just hours after the Appellate Division of the Supreme Court (SC) gave the government a two-week ultimatum for issuing the gazette notification. During a hearing on the Mazdar Hossain case, popularly known as the separation of the judiciary from the executive case, a seven-member Appellate Division bench, headed by Chief Justice Surendra Kumar Sinha, gave the two-week ultimatum following a time petition filed by attorney general Mahbubey Alam seeking more time for issuing a gazette notification on the matter. When the chief law officer of the state sought more time from the apex court, the apex court allowed him two weeks more, saying that it is the last chance. Soon after the apex courts order, Anisul Huq expressed hope that a gazette notification on the rules determining the discipline and conduct of lower court judges will be published before July 15. The minister was talking to reporters at the inaugural session of a training course for assistant judges at the Judicial Administrative Training Institute in Dhaka. Its a very sensitive matter. The law ministry is now scrutinising all the relevant issues regarding the rules so that the gazette notification cannot be questioned after being issued, he said. The government has on several occasions taken time from the apex court to issue the gazette notification. The apex court, too, expressed annoyance and dissatisfaction as the government failed to issue the gazette notification in line with its order. On May 29, the SC gave the government two more weeks to issue the gazette notification. Earlier, on May 8 and 15, it had extended the deadline to one more week. On April 4, the SC extended the deadline till May 8. On March 14, it extended the time by two weeks. Before that, on February 27, the court had given the government two weeks to publish the gazette notification, as it had failed to publish it on time. On February 5, the court ordered the authorities concerned to issue the gazette notification by February 12. On November 24, 2016, it had given the government one week to publish the gazette notification. The lower judiciary was officially separated in November 2007, but the disciplinary rules for lower-court judges are yet to be formulated. On December 2, 1999, the SC, in the Mazdar Hossain case, had issued a seven-point directive, including formulating separate disciplinary rules, for the lower-court judges. On May 7, 2015, the law ministry sent a draft of the rules, similar to the Government Servants (Discipline and Appeal) Rules 1985, to the Supreme Court. Meanwhile, the law minister in response to a query said that the government is working on formulating the Digital Security Act. A meeting will be held among the ministers and officials of Ministry of Law, the Information Communication Technology (ICT) Division, the Ports and Telecommunication Division and the home ministry on July 9 when the final draft on the Digital Security Act would be prepared, he added. The minister termed all criticism of the Digital Security Act before its formulation as premature.