Secretariat for judiciary unrealistic: Law minister

Law minister Anisul Huq yesterday claimed that the idea of establishing a separate secretariat for the judiciary was “unrealistic”. The Supreme Court Bar Association (SCBA), which is currently dominated by pro-BNP lawyers, had on Thursday demanded the establishment of a separate secretariat for the judiciary in accordance with the Appellate Division’s directives delivered in the Masder Hossain case. This case is popularly known as that of the judiciary’s separation from the executive.

However, Huq told reporters that it was “an unrealistic idea”. “There is no separate secretariat for the judiciary in any democratic or undemocratic country in the world,” he argued. Huq was talking to the press at the inauguration of a training programme for district and sessions judges at the Judicial Administrative Training Institute in Dhaka.

The SCBA wants the government to amend the disciplinary rules for lower court judges by incorporating a provision to set up an independent secretariat for the judiciary. In response to a query, the minister said the government has issued the gazette notification on the disciplinary rules for lower court judges maintaining legal procedures.

On December 11, 2017, the government issued the gazette notification on the discipline of lower court judges, maintaining the president’s authority over their conduct.

On Thursday, a five-member bench of the Appellate Division led by acting Chief Justice Abdul Wahhab Miah accepted the disciplinary rules for lower court judges prepared by the government, settling an old dispute between the executive and the judiciary. With this, the disagreement over the publication of a gazette notification on the issue came to a closure.

Replying to a query on the 16th amendment verdict, Huq said the government wants the SC to hear and dispose of the review petition against its verdict so that the issue is resolved quickly. The government had on December 24, 2017, filed a petition in the SC, seeking a review of its judgment scrapping the 16th amendment to the constitution which had empowered the parliament to remove its judges for incapacity and misbehaviour.

The Attorney General’s office had submitted the 908-page review petition containing 94 grounds on which the apex court may consider the prayer.

On July 3 last year, the SC had upheld the HC verdict that had declared as illegal the 16th Amendment to the Constitution establishing Parliament’s authority to remove SC judges. On August 1, the apex court had released the full text of its verdict.

The copy of the 799-page full verdict was released after the full Appellate Division bench, headed by then Chief Justice Surendra Kumar Sinha, had signed it.

 

Secretariat for judiciary unrealistic: Law minister

Law minister Anisul Huq yesterday claimed that the idea of establishing a separate secretariat for the judiciary was unrealistic. The Supreme Court Bar Association (SCBA), which is currently dominated by pro-BNP lawyers, had on Thursday demanded the establishment of a separate secretariat for the judiciary in accordance with the Appellate Divisions directives delivered in the Masder Hossain case. This case is popularly known as that of the judiciarys separation from the executive. However, Huq told reporters that it was an unrealistic idea. There is no separate secretariat for the judiciary in any democratic or undemocratic country in the world, he argued. Huq was talking to the press at the inauguration of a training programme for district and sessions judges at the Judicial Administrative Training Institute in Dhaka. The SCBA wants the government to amend the disciplinary rules for lower court judges by incorporating a provision to set up an independent secretariat for the judiciary. In response to a query, the minister said the government has issued the gazette notification on the disciplinary rules for lower court judges maintaining legal procedures. On December 11, 2017, the government issued the gazette notification on the discipline of lower court judges, maintaining the presidents authority over their conduct. On Thursday, a five-member bench of the Appellate Division led by acting Chief Justice Abdul Wahhab Miah accepted the disciplinary rules for lower court judges prepared by the government, settling an old dispute between the executive and the judiciary. With this, the disagreement over the publication of a gazette notification on the issue came to a closure. Replying to a query on the 16th amendment verdict, Huq said the government wants the SC to hear and dispose of the review petition against its verdict so that the issue is resolved quickly. The government had on December 24, 2017, filed a petition in the SC, seeking a review of its judgment scrapping the 16th amendment to the constitution which had empowered the parliament to remove its judges for incapacity and misbehaviour. The Attorney Generals office had submitted the 908-page review petition containing 94 grounds on which the apex court may consider the prayer. On July 3 last year, the SC had upheld the HC verdict that had declared as illegal the 16th Amendment to the Constitution establishing Parliaments authority to remove SC judges. On August 1, the apex court had released the full text of its verdict. The copy of the 799-page full verdict was released after the full Appellate Division bench, headed by then Chief Justice Surendra Kumar Sinha, had signed it.