Senior Supreme Court lawyer Mohammad Shishir Manir has criticized the repeal of the ordinance concerning the Supreme Court secretariat and judicial appointments in the National Parliament, calling it a “dark day” for Bangladesh’s judiciary. He urged that all judges and judicial officers should wear black badges in protest.
Shishir Manir made the remarks during a press conference held on Thursday in front of the Supreme Court Annex Building.
He recalled that on September 2 last year, the High Court issued a historic directive to establish a separate and independent secretariat for the judiciary. Following the directive, an ordinance was passed in November, and the secretariat was officially inaugurated on December 11, with partial operations already underway.
However, Parliament repealed the ordinance today. Shishir Manir called the repeal a “black chapter” in the history of the country’s judiciary, warning that it undermines judicial independence.
“The secretariat that began functioning under the Supreme Court’s directive has now been abolished through legal measures,” he said.
Government representatives have argued that the High Court ruling will only take effect after the appeal process is complete. Shishir Manir rejected this explanation, describing the repeal as a negative sign and black symptom.
“I believe all judges and lawyers across the country should wear black badges and cover their faces with black cloth to protest this,” he said. “How can the independence of a branch be taken away like this? This is an extremely rare precedent. We hope the government will reconsider. The progress made toward establishing an independent judiciary should not be destroyed arbitrarily or out of stubbornness.”
Commenting on the High Court’s ruling, Shishir Manir noted, “Yesterday (April 8), the Attorney General stated that they would file an appeal against the High Court ruling. They indicated that the ruling will not take effect while the appeal is pending. However, as long as no stay order is issued on this direction, both the government and all authorities are bound to comply.”
He added that the government has not approached the Supreme Court Appellate Division, filed a CMP, or obtained any orders, making claims that the ruling is unenforceable a violation of the Constitution.
He said that despite the directive, how was it possible for such a law to be passed in Parliament? The ordinance, issued under the purview of that ruling, had become ineffective as the government and Parliament were not in session. Now that the full text of the verdict has been released, the entire ordinance is being repealed while converting it into law. This could be seen as a repeated attack on the judiciary.