Dhaka – The Appellate Division of the Supreme Court yesterday directed the government to publish the gazette notification on the rules determining discipline and conduct of lower court judges by February 5.A seven-member bench of Appellate Division headed by Chief Justice Surendra Kumar Sinha came up with the order following a time petition moved by Attorney General Mahbubey Alam seeking four weeks’ time for the issuance of the gazette notification.
During yesterday’s hearing, the chief law officer of the state took part in the day’s proceeding and sought four weeks times verbally.
But, the Chief Justice asked the attorney general to submit a written application for granting time.
Then, the attorney general submit a time petition seeking four weeks times. But, the court asked the government to issue the gazette notification by February 5.
The government had drafted the rules and sent those to the SC for its opinion. The court revised the draft rules in the light of the 1999 verdict in the separation of the judiciary case.
In December 1999, the SC—in a landmark verdict in the Masdar Hossain case—issued a 12-point set of directives to the government, which included framing of disciplinary and appeal rules and code of conduct for trial court judges.
On May 7 last year, the government had submitted a draft of the same to the top court. The SC had amended the draft and asked the law ministry to issue a gazette notification by November 6, after incorporating the amendments.
Later, on December 12 last year, the apex court asked the law ministry to issue a gazette notification on the rules by yesterday (January 15), adjourning the hearing on the Masdar Hossain case, also known as the separation of the judiciary case, till that date.
The court on that day observed that the president has been misinformed about issuance of the gazette notification.
The apex court came up with the directive a day after the law ministry issued a notification, which said the president decided not to issue a separate gazette notification on the conduct rules.
Officials of the ministry would not have done this if they had the minimum knowledge, it said. – Staff Reporter
