JUDGES CODE OF CONDUCT
Explain delay to publish gazette
SC asks govt
The Appellate Division of the Supreme Court yesterday asked the government to submit a written statement explaining why it is taking time to publish a gazette notification on the rules regarding the discipline and conduct of the lower court judges. An eight member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha directed the authorities concerned to submit the statement by today as Attorney General Mahbubey Alam sought more time to publish the gazette. During yesterdays proceedings, Attorney General Mahbubey Alam sought two weeks more time to issue the gazette notification. But, the chief justice told the chief law officer of the state to submit a written statement on why it needs more time to publish the gazette notification.
On February 5, the Appellate Division had ordered the authorities concerned to issue a gazette notification on the disciplinary and conduct rules for the lower court judges by February 12.
Earlier, on December 12 last year, the Supreme Court had asked the government to issue a gazette notification on the disciplinary rules and code of conduct for lower court judges by January 15, after the court was told that the President has said there was no need for a gazette notification over the matter. In line with an earlier directive of the Supreme Court, Law and Justice Division Secretary ASSM Zahirul Haque and Legislative and Parliamentary Affairs Division Secretary Mohammad Shahidul Haque appeared in court and informed the 8-member Appellate Division bench let by Chief Justice
SK Sinha that the proposed disciplinary rules were sent to the President for his approval, but he had rejected it saying that there was no need to notify the rules in the official gazette.
The court has also said, Weve not made any disciplinary and conduct rules for judicial officers and Bangladesh judicial service. Weve just revised the ones provided by you as those were not consistent with the Masdar Hossain case.
The law ministry had framed the rules and the Supreme Court just revised it in the light of its judgment in the Masdar Hossain case. There is no need to place the rules in the Parliament or the Cabinet for approval, the court had said.
Earlier, on November 24, 2016, the Supreme Court gave the government one week time to publish a gazette notification on the disciplinary rules for the judicial officers.
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 Supreme Court in the Masdar Hossain case issued a seven-point directive, including formulating separate disciplinary rules for the lower court judges.
On May 7, 2015, the Law Ministry sent the draft of the rules to the Supreme Court which is similar to the Government Servants (Discipline and Appeal) Rules 1985.
