Bangladesh executive, judiciary in friction over jurisdiction

Bangladesh executive, judiciary in friction over jurisdiction

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Dhaka – Expressing its dissatisfaction for not issuing the gazette notification over the conduct rules for the lower court judges, the Supreme Court on Monday wanted to know from the attorney general that how much far Bangababhan from the apex court as the file of the matter could not move despite the lapses of more than two years.
After expressing annoyance over the time petition made by the government, Chief Justice Surendra Kumar Sinha Supreme Court said that Gono Bhaban and Bangabhaban seem lakhs of kilometres apart. The file could not be moved about in two-and-half years!

Prime Minister Sheikh Hasina

Prime Minister Sheikh Hasina

Chief-Justice-SK-Sinha.j

Chief-Justice-SK-Sinha.j

However, the eight-member bench of the Appellate Division headed by chief justice SK Sinha allowed one week time for the government to issue the gazette notification on the conduct and disciplinary rules for the lower court judges.
In the morning yesterday, the attorney general submitted an application to the apex court seeking two weeks’ time for adjourning hearing on the case related to the gazette on the rules.
Chief justice asked the chief law officer of the state whether he came with the gazette notification.
The attorney general replied in the negative and sought two weeks more time to issue the gazette notification.
After that the chief justice expressed astonishment and said “two weeks, two months and two years” are same to the attorney general. The pattern of the time application is also same, the CJ said.
Please tell us what you want really, the chief justice asked the attorney general (AG)
The chief justice wanted to know from the AG about the biggest city of the world. New York or the Tokyo city is the biggest citiy in the world. But, anyone can easily move from one place to other places of those cities within four to five hours.
on the same day Prime Minister Sheikh Hasina criticised Chief Justice SK Sinha for his claim that there is no rule of law in the country and that the judiciary is not independent.
“I don’t understand how our Chief Justice could say there’s no rule of law in the country and the judiciary isn’t independent,” she said while delivering her valedictory speech in Parliament before the prorogation of its session.
Mentioning that the BNP chief has so far sought time for 140 times in a single case, the Prime Minister said, “This is happening because the judiciary is independent. Or else, they couldn’t grant time extension. If we had that mentality, they couldn’t have given time,” she said, adding that the government has not done anything like this.
She further said, “The court is giving time to Khaleda Zia as per their wish. Then how could it be said there’s no independence (of judiciary)? This is enough to serve as an example.”
Sheikh Hasina, also the Leader of the House, said a vested quarter is also taking advantage of the Chief Justice’s claim and repeatedly said there is no rule of law in the country.
Posing a question, she said if there is no rule of law in the country how Bangladesh contains militancy and terrorism which are a global threat. There has been little conflict over jurisdiction between the executive and the legislative branches because the executive is made of representatives who command the support of the majority of members in the former.
“But, we it is seem to us that the Dhaka is the baggiest city of the world and the Gono Bhaban and Bangabhaban seem lakhs of kilometers from the Supreme Court,” the CJ said.
Earlier on April 4, the apex court adjourned the hearing on the Masdar Hossain case, known as judiciary separation case, till May 8 yesterday.
Earlier, on March 28, the SC extended time for the government by one week to issue the gazette notification.
The December 2, 1999 verdict by the Appellate Division in the historic State vs Masdar Hossain case mandated the drafting of a 12-point set of guidelines on the separation of the judiciary from the executive.
Finally, the judiciary was officially separated in November 2007, but the disciplinary rules for lower court judges are yet to be finalised. For several years, the SC issued multiple rulings, asking the government to issue a gazette notification on the finalised rules.
The government had drafted the rules and sent those to the apex court for its opinion on May 7, 2015.
On August 28 last year, the Appellate Division declared the government’s draft rules to be in contradiction with the verdict in the Masdar Hossain case because the draft was similar to the Government Servants (Discipline and Appeal) Rules, 1985.
After revising the rules drafted, the SC sent those to the law ministry and asked the government to issue the gazette notification by November 6. But the government repeatedly sought time without issuing the gazette notification. – Staff Reporter

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