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POST TIME: 21 August, 2017 00:00 00 AM
Supreme Court keeping enough patience
Says CJ on debate over 16th amendment case verdict
STAFF REPORTER

Supreme Court keeping enough patience

Chief Justice Surendra Kumar Sinha yesterday said that the Supreme Court was keeping enough patience. Referring to the removal of Pakistan’s Prime Minister (Nawaz Sharif) by the Supreme Court of that country, the chief justice said, “The Pakistan Supreme Court has…the prime minister. We have been patient, we are keeping patience. We are only saying that we need to be more matured,” the chief justice, who led the six-member bench of the Appellate Division, made this observation while hearing the Masdar Hossain case, popularly known as the judiciary separation case.

The chief justice made the comment at a time when ruling party leaders have come down heavily on the Supreme Court verdict that scrapped the 16th amendment to the Constitution.

The Appellate Division bench fixed October 8 for the next hearing on the Masdar Hossain case.

During the hearing, the state’s chief law officer, Mahbubey Alam, sought time to issue a gazette notification on the disciplinary and conduct rules for lower court judges.

The chief justice wanted to know from the attorney general about the progress made on holding a proposed meeting between the Appellate Division judges and the law minister and a high official of the ministry to solve the present crisis over the issuance of the disciplinary and conduct rules for the lower court judges.

“You did not discuss with us, though there was supposed to be held [a meeting] between the judiciary and the law minister,” the chief justice (CJ) said.

Attorney General Mahbubey Alam said, “What should I do on a policy issue of the government.” “You are telling one thing to the media and another thing before the court,” the CJ said, adding: “I am not just telling you; I am saying this to others also.” The AG replied, “An unstable situation has arisen over the issues.”

The CJ wanted to know about the unstable situation. But the AG said he felt embarrassed over the matter. Then, the CJ said, “We are not making any comments. You all are making blistering comments outside the court. Do we make any comments?” the CJ asked. “No, you are not making any comments,” the AG replied.

After that, the petitioner, Barrister Amir-Ul Islam, prayed for the hearing of another petition in which he argued that the Supreme Court did not have to discuss with the government the publication of the disciplinary rules.

In the petition, Amirul also said that the chief justice should meet the president with a draft copy to publish the rules.

The CJ told lawyer Amirul Islam, “We have kept enough patience. We are keeping your application. We, the judiciary, have been patient. Nothing happened in Pakistan after its Supreme Court…Prime Minister Nawaz Sharif on the allegation of corruption. In Bangladesh, the government created a storm (after the Supreme Court scrapped the 16th amendment to the constitution that established parliament’s authority to remove Supreme Court judges). We need more maturity,” the CJ said, adding: “The judiciary is keeping enough patience.”

The Supreme Court, on July 31, had refused to accept in full the draft rules concerning the discipline of lower court judges, saying the rules were a U-turn on the apex court’s directives.

The court expressed its dissatisfaction with the ministry, saying it had framed the rules by making a “U-turn” on the directives given in the Masdar Hossain case verdict.

The draft states that any judicial officer facing allegations of misconduct will be attached to the law ministry. This way, the draft rules protect the ministry officials, the CJ said.

The chief justice said there was no initiative on the part of the government to hold talks with Appellate Division judges in order to finalise the rules for lower court judges, even though the Appellate Division had requested the law minister for a discussion on the issue.