The Supreme Court has fixed Wednesday for giving the order on the gazette notification on lower court judges’ conduct rules.
A five-member Appellate Division bench, led by acting Chief Justice Abdul Wahhab Miah, fixed the date Tuesday morning.
The government on December 11 issued the gazette for service rules and conduct for lower court judges.
The gazette was published on the Law Ministry’s website on the same day. The deadline for issuing the gazette was extended by the Appellate Division at least 30 times.
Despite clear instructions in the Masdar Hossain verdict, which separated the judiciary from the executive, the government has kept the lower courts under the president’s control.
The rules of appointment, administration, and removal of lower court judges retain the power in the president’s hands, according to the gazette.
The gazette’s section 3 part 8 defines appropriate authority as the president or the ministry or division entrusted within the scope of the Rules of Business formulated under section 55(6) of the Constitution.
The lower judiciary was officially separated in November 2007 but the disciplinary rules for lower court judges are yet to be formulated.
On December 2, 1999, the Supreme Court in the Masdar Hossain case issued a seven-point directive, including formulating separate disciplinary rules, for the lower court judges.
The Law Ministry on May 7, 2015 sent a draft of the rules to the Supreme Court which is similar to the Government Servants (Discipline and Appeal) Rules 1985.This article was first published Bangla Tribune


