The Appellate Division of the Supreme Court (SC) has asked the government to issue a gazette notification relating to the discipline and appeal rules framed for the trial court judges within November 24. It also asked the government to submit the copy of the gazette notification before the apex court by this time. The nine-member full bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha came up with the directive yesterday.
In December 1999, the Supreme Court—in a landmark verdict in Masdar Hossain case—issued a 12-point set of directives to the government, which included framing of discipline and appeal rules and code of conduct for the trial court judges. The government had, on May 7 this year, submitted a draft discipline and appeal rule and code of conduct of the trial court judges before the apex court. But, the SC amended the draft prepared by the law ministry and asked it to issue a gazette notification by November 6 after incorporating the apex court amendments into the draft code of conduct.
The attorney general office yesterday, however, sought eight weeks time without issuing gazette notification over the matter. The court did not grant the time prayer saying that the application is an incomplete petition and asked the government to issue gazette notification by November 24.
During the hearing, Chief Justice SK Sinha said the court wanted to frame the code of conduct of the trial court judges so that it can take action against the trial court judges who were involved in corruption.
“Some trial court judges were involved in corruption and misconduct. We cannot take action against them due to the lack of the discipline and appeal rules of the trial court judges,” the Chief Justice said.