The Judiciary Reform Commission (JRC) has proposed granting the Supreme Judicial Council sufficient authority to investigate allegations against judges independently, even without receiving a request from the president, and to make recommendations for necessary actions in this regard.
This proposal was included in the summary of the Judiciary Reform Commission’s report, which was handed over to Chief Adviser Professor Muhammad Yunus by JRC members, led by its chief, Justice Shah Abu Naeem Mominur Rahman, at the State Guest House Jamuna on Wednesday.
The commission also suggested giving priority to the chief justice’s decision in determining the number of judges in both divisions of the Supreme Court and formulating a provision to appoint the senior-most judge as the chief justice of the Appellate Division.
On October 20, 2024, the apex court reinstated the Supreme Judicial Council’s authority to remove Supreme Court judges for incapacity or violation of the code of conduct, as the Appellate Division disposed of a plea to review its judgment that had declared the 16th constitutional amendment illegal.
A proposal was also made to devise and subsequently publish a code of conduct for individuals holding positions from which they cannot be removed except through procedures applicable to Supreme Court judges and former judges, officially overseen by the Supreme Judicial Council.
The JRC further proposed enacting a law to establish a "Supreme Court Judge Appointment Commission" consisting of nine members, headed by the chief justice, to ensure the most transparent process possible for appointing Supreme Court judges.
It recommended amending Article 116 of the Constitution and establishing a separate Supreme Court Secretariat to grant the Supreme Court full control over the transfer, promotion, leave, and disciplinary matters of subordinate court judges, thereby ending executive authority.
The JRC also proposed amending the relevant rules of the Judicial Service Commission.
On October 27, Chief Justice Syed Refaat Ahmed sent a proposal to the Ministry of Law, Justice, and Parliamentary Affairs, recommending the establishment of a separate secretariat for the judiciary.
On that day, the Supreme Court administration said that the chief justice had previously made this proposal in his speech on September 21 of the previous year while addressing all judges, lawyers, and judicial officials from across the country at the Inner Garden of the Supreme Court.
In his speech, Chief Justice Refaat Ahmed emphasized the urgent need to establish a separate secretariat under the Supreme Court for the true independence of the judiciary, saying that this would be the first step toward judicial reform.
Following the establishment of the judicial secretariat, the chief justice said that one of the key tasks in bringing about qualitative changes in the judiciary would be ensuring the appointment of judges based on merit, honesty, and efficiency, moving beyond personal preferences and biases.
