Article 116 appeal hearing begins today

Both the state and the petitioner have submitted their respective summaries to the Appellate Division of the Supreme Court ahead of the hearing on an appeal against a High Court ruling that directed the establishment of a separate secretariat for the judiciary.

The submissions were filed on Monday, according to Attorney General Ruhul Quddus Kajal and petitioner Mohammad Shishir Manir, a lawyer of the Supreme Court.

They said the appeal is expected to be heard on Tuesday, 16 June, before the full bench of the Appellate Division headed by the Chief Justice.

According to court documents and lawyers familiar with the matter, Mohammad Shishir Manir filed a writ petition before the High Court on 25 August last year challenging the validity of Article 116 of the Constitution, which deals with the control and discipline of subordinate courts.

The petition sought the transfer of authority over disciplinary matters, postings, promotions and leave of magistrates serving in subordinate courts from the Ministry of Law to the Supreme Court.

Following a hearing, the High Court on 1 September last year declared Article 116 unconstitutional and void. The court also directed the government to establish a separate “Supreme Court Secretariat” within three months to support the administration of the judiciary.

Subsequently, a Supreme Court Secretariat was formally constituted and began functioning in accordance with the High Court’s directives.

However, legal sources said that after the current government assumed office, the ordinance governing the Supreme Court Secretariat was not converted into law within the prescribed period, causing it to lapse.

As a result, the activities of the secretariat were reportedly suspended.
On 21 May, the state filed a petition seeking leave to appeal against the High Court judgment before the Appellate Division.

The appeal challenges both the declaration regarding Article 116 and the directive to establish a separate secretariat for the judiciary.

On 9 June, the Appellate Division stayed the operation of the High Court judgment pending further proceedings.

With both parties having now submitted their written summaries, the matter is expected to proceed to a substantive hearing before the country’s highest court.

The case is being closely watched as it concerns the constitutional relationship between the executive and judicial branches, particularly the question of administrative control over the subordinate judiciary and the broader issue of judicial independence.