SC halts 2018 verdict on lower court judges’ discipline rules

NN Online :
The Appellate Division of the Supreme Court on Sunday stayed its 2018 verdict that had upheld the controversial service discipline rules for lower court judges.

A six-member bench led by Chief Justice Dr. Syed Refaat Ahmed issued the stay order and also granted leave to appeal against the earlier judgment.

Following the decision, lawyer Mohammad Shishir Monir said there is now no legal barrier to continuing the ongoing High Court hearing on a writ petition concerning Article 116 of the Constitution, which deals with control over lower court judges.

Attorney General A.M. Amin Uddin represented the state during the proceedings.

On June 26, the court had fixed June 29 to deliver its verdict on a review petition challenging the 2018 ruling. During that hearing, Advocate Monir argued that the rules were imposed under the influence of the then acting Chief Justice, undermining judicial independence. He noted that prior to the 2018 judgment, nine different judges had issued separate orders on the matter.

“The government, through the judiciary, forced the publication of the gazette on lower court judges’ service rules—something unprecedented in judicial history,” said Monir, adding that the review was filed seeking urgent reconsideration.

The controversy stems from the historic Masdar Hossain case verdict delivered on December 2, 1999, which laid out 12 directives to ensure judicial independence, including the separation of the judiciary from the executive. The Appellate Division reaffirmed this judgment in 2005.