SC regains control of subordinate court judges

Staff Reporter :

The High Court has delivered a historic verdict restoring the authority of the Supreme Court over the control and discipline of subordinate court judges.

In addition, the verdict directed the establishment of a separate secretariat for the judiciary within the next three months.The ruling was delivered on Tuesday by a High Court division bench comprising Justice Ahmed Sohel and Justice Debashish Roy Chowdhury.

In the judgment, the court declared the amendment to Article 116 of the Constitution void and reinstated the earlier (1972) position, thereby making the related rule absolute.

Advocate Mohammad Shishir Monir argued on behalf of the writ petitioners, while Attorney General Mohammad Asaduzzaman represented the state. Senior lawyer Sharif Bhuiyan appeared as amicus curiae (friend of the court), and lawyer Ahsanul Karim made submissions as an intervenor.

On August 25 last year, seven Supreme Court lawyers filed the writ petition challenging the validity of Article 116 of the Constitution, the Judicial Service (Discipline) Rules of 2017, and seeking directions for establishing a separate secretariat for the judiciary.
The petitioners were Mohammad Saddam Hossain, Md Zahirul Islam, Mostafizur Rahman, Abdullah Sadiq, Md Mizanul Haque, Aminul Islam Shakil, and Zayed Bin Amjad.

Following the primary hearing of the writ, on October 27 last year, a High Court bench comprising Justice Farah Mahbub (now a judge of the Appellate Division) and Justice Debashish Roy Chowdhury issued a rule.
The rule asked why Article 116 of the Constitution and the 2017 Judicial Service (Discipline) Rules should not be declared inconsistent with the Constitution. It also asked why a separate secretariat for the judiciary should not be established.

The two secretaries of the Ministry of Law and the Registrar General of the Supreme Court were asked to respond to the rule. The Registrar General of the Supreme Court was also directed to submit a progress report within 60 days on the establishment of a judicial secretariat.

On March 25 this year, Justice Farah Mahbub was appointed as a judge of the Appellate Division. Thereafter, the Chief Justice referred the matter for hearing and disposal to the High Court bench of Justice Ahmed Sohel and Justice Debashish Roy Chowdhury. Accordingly, after several days of hearings from both sides, the High Court fixed September 2 (Tuesday) for pronouncing the verdict.