The Law Commission observed that district and session judges often take leave from their workplaces, violating the rules and ultimately hampering judicial activities.
Headed by former chief justice ABM Khairul Haque the Law Commission, the body authorised to suggest legal reforms to the government, made the observation in a report on how to reduce backlogs of cases.
The parliamentary standing committee on the Law Ministry tasked the Law Commission to give its opinion on how to expedite the disposal of some 32 lakh cases in different courts.
At its scheduled meeting today, the 10-member parliamentary standing committee on law, justice and parliamentary affairs is expected to discuss the report.
The Supreme Court Registrar AKM Shamsul Islam, however, contradicted the Law Commission’s observation saying the number of truant judges is “insignificant.”
“Rule 500 of the civil rules and orders stipulates that district and the session judges and judges of equal status must inform the registrar of the High Court division (Supreme Court registrar) in writing if they need to leave their stations,” said the Law Commission report.
“The aforesaid rule is grossly being violated,” it said.
“Observation is that some judges equivalent to district judge status leave the workplace during court hours on Thursdays without the knowledge of the authorities. And they turn up at the workplace on Sunday around noon,” the report stated.
It further said the subordinate judges under the supervision of these “morally weak” judges also leave their workplaces every week without the permission of the authorities, harming the overall justice system “severely.”
“The High Court division registrar (Supreme Court registrar) receives a few applications from judges for leave,” said the Law Commission, adding, “Unauthorised leaves from workplaces by the judges must stop at any cost.”
The report further said judges should stay in their workplaces so that they can ponder about judicial activities throughout the week.
It suggested that the authorities should telephone the houses of the judges to ensure their presence and serve “show-cause notices” to reduce unauthorised leaving.
AKM Shamsul Islam, the Supreme Court registrar, told the Dhaka Tribune that the district judges took their leave after informing him.
“I do not think that rule is being violated grossly; most of the district judges inform me about their departure from their workplaces. They sometimes inform me over the phone and then send papers,” said Shamsul.
“The percentage resorting to unauthorized station leave is very low,” he said.
Law Secretary Abu Saleh Sk Md Zahirul Haque told the Dhaka Tribune that the Supreme Court registrar would examine the authenticity of the Law Commission’s report.
“The government has nothing to do with it,” said Abu Saleh, who is also the secretary of the judicial services association.
