Been patient enough: CJ

When the government for the 24th time in two years sought time from the Supreme Court to issue a gazette notification on the disciplinary rules for lower court judges, Chief Justice Surendra Kumar Sinha said the judiciary has had enough patience.

“There is your petition. We, the judiciary, have been patient. We have had enough patience,” he told Attorney General Mahbubey Alam who sought more time on behalf of the government yesterday.

The chief justice was presiding over a six-member bench of the Appellate Division of the SC during the hearing of Masdar Hossain case, also known as judiciary separation case, with which the issuance of a gazette notification on the disciplinary rules for lower court judges was linked.

Pakistan Supreme Court had disqualified the prime minister but there was no fuss and there should not be such commotion over the 16th amendment verdict in Bangladesh, a senior lawyer present at the court quoted the chief justice as saying.

“We are only saying that we need to be more mature,” Justice SK Sinha said.

Pakistan's Prime Minister Nawaz Sharif resigned on July 28 after the Supreme Court of that country disqualified him over undeclared assets, plunging the nuclear-armed South Asian nation into political turmoil after a period of relative stability.

At the beginning of the proceedings yesterday, Mahbubey Alam placed a petition before the apex court, seeking adjournment of the hearing of the Masdar Hossain case, saying that time was needed as an unstable situation was prevailing over many issues, including the verdict that scrapped the 16th amendment.

The chief justice told the attorney general that a discussion was supposed to be held on the disciplinary rules for lower court judges and asked who were supposed to take part.

The attorney general replied that the law minister was supposed to attend the discussion.  

Justice Md Abdul Wahhab Miah, senior judge of the Appellate Division bench, said all the judges of this division were also supposed to attend the discussion.

Justice SK Sinha said, “Discussions were set to be held. But, you did not discuss.”

Mahbubey Alam said, “What should I do on the policy issue of the government?”

To this, the chief justice said, “You say one thing to the media but another thing before the court. I am not just telling you, I am saying this to the others also.”

At one stage, the attorney general said, “There was a storm over all the issues.”

The chief justice then said, “We are not making any comments. You all are making comments.”

The apex court allowed the attorney general's adjournment prayer and fixed October 8 for further hearing.

Following the adjournment, the government has got more time to issue the gazette notification.

The Appellate Division on July 2 gave a two-week ultimatum for issuing the notification. “It's the last chance,” the chief justice had said on July 2 while he was presiding over a seven-member bench of the apex court during the hearing of this issue.