Rules for Judges: Govt to seek more time for notification

The government is going to seek more time from the Supreme Court for issuing a gazette notification on the rules determining the discipline and code of conduct of lower court judges.

The apex court on several occasions had earlier expressed annoyance and dissatisfaction at the government's failure to that end.

A seven-member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha is set to hold hearing on this issue tomorrow.

Talking to The Daily Star, Law Minister Anisul Huq yesterday said, “We will, of course, issue the gazette notification on the rules. But we will seek one week's time from the Supreme Court for that.”

The minister without elaborating said his ministry could not issue the gazette, as the office remained closed for around 10 days.

The judiciary was officially separated from the executive in November 2007, but the conduct rules for lower court judges have yet to be finalised.

The government drafted the conduct rules and sent those to the SC for its opinion around two years ago. The apex court revised the draft in light of the 1999 verdict in the separation of judiciary case.

During hearing the Masdar Hossain case, popularly known as the judiciary separation case, the SC on May 15 once again expressed annoyance at the government for seeking more time to issue the gazette notification on the disciplinary and conduct rules for lower court judges.

The court the same day gave the government two weeksto issue the gazette notification as Attorney General Mahbubey Alam had sought the time.

The chief justice expressed the hope the government would issue the gazette notification and submit it to the court within the timeframe.

That day, Justice Md Abdul Wahhab Miah, a senior bench member, told the attorney general that Justice Nazmun Ara Sultana, another member of the bench, would retire on July 7, the chief justice in January next year and then he would follow suit.

Supreme Court Bar Association (SCBA) President Zainul Abedin, also a BNP leader, on May 2 told a press conference that the apex court had given several orders to issue the gazette notification, but the government sought extension67 times.

“Taking time proves that the government doesn't want the judiciary to work independently,” he said.

During hearing on the Masdar Hossain case, the SC on April 4 expressed dissatisfaction at the non-issuance of the gazette notification.

The chief justice that day said they [judges] got hurt when the government referred to the president, who is respected and acceptable.

On March 28, the SC expressed discontent at the government for seeking more time for issuing the gazette notification.

The same day, the attorney general submitted an application to the SC, saying: “The Ministry of Law, Justice and Parliamentary Affairs expects that necessary steps will be taken by the honourable president in respect of the proposed rules within four weeks.”

On December 12 last year, the SC said the president was misinformed about the issuance of the gazette.

It came up with the observation a day after the law ministry had issued a notification saying that the president decided not to issue a separate gazette notification on the conduct rules.