'SC's power not-decreased by judges conduct rules'

‘SC’s power not-decreased by judges conduct rules’


Law Minister Anisul Huq on Tuesday claimed that the power of the Supreme Court has slightly increased following the publication of the gazette notification of the disciplinary rules for the lower court judges.Supreme Court power has not been decreased. Rather the apex court power has been increased following the publication of the gazette notification of the disciplinary rules for the lower court judges as it was mentioned in the gazette notification that the Supreme Court proposal would dominate if there is any different proposal is made by the Supreme Court from the President’s (the law ministry’s) proposal, the law minister made the observation while talking with the reporters at his secretariat office.
Pointing his finger to those people, who were criticising the gazette notification, the law minister said that they were criticising the government as their plan has been foiled following the gazette notification.
Many played a football game with the Constitution from 1976 to 1996. But, none can play football with the Constitution from now on, the law minister said.
Replying to a query, the law minister said that the gazette notification has been published after finalising it with the Supreme Court Judges. After getting the final nod from the apex court judges, we have published it. So, there is no problem between the Supreme Court and the law ministry over the matter. Some people are criticising without understanding the issue properly, Huq noted.
The gazette notification has prepared in line with the Article 116 of the Constitution. The president will take consultation from the Supreme Court in taking action against the lower court judges. The disciplinary rules have been prepared to protect the Article 116 of Constitution, the law minister said.
Article 116 of the Constitution, says, “The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the President and shall be exercised by him in consultation with the Supreme Court.”
In response to a query that whether the former chief justice SK Sinha made any obstacle in making disciplinary rules, the law minister said that he did not want to go back.
“I don’t want to go back. I want to say that the argument happened with him on Article 96 of the 16th amendment to the Constitution case. The issue of argument was not Article 116 of the Constitution. But, the former chief justice SK Sinha made Article 116 as ultra-vires of the Constitution through the judgement of the 16th amendment case. Now, you (journalists) understood what obstacle had been created by the former chief justice,” the law minister said.
In response to another query, the law minister said that they would not go beyond the Constitution in appointing chief justice.
Talking to the media attorney general Mahbubey Alam said that there is no obstacle to taking disciplinary or department action against lower court judges following the gazette notification.
Meanwhile, Barrister M Amir-ul Islam, counsel for the Masder Hossain case, popularly known as judiciary separation case, told the reporters that the gazette notification has not issued in line with the Supreme Court verdict in the Masder Hossain case.
The gazette notification has been issued under the Article 133 of the Constitution, which should have been issued under the Article 116 of the Constitution. The gazette notification does not reflect the Masder Hossain case verdict properly, he noted.
On December 2, 1999, the Supreme Court in the Masdar Hossain case issued a seven-point directive, including formulating separate disciplinary rules, for the lower court judges.
Following the Masder Hossain case the Judiciary was officially separated from the Executive in November 2007. But, finalisation of the draft lingered during the tenure of former Chief Justice SK Sinha who made many angry remarks over the matter. The rules are meant to streamline the Judiciary after its separation from the Executive.
The government on Monday issued the much-talked-about the gazette notification on the disciplinary rules of lower court judges keeping intact the President’s authority in controlling the lower judiciary.
After 18 years of the Masder Hossain case verdict, the government published the much-expected gazette notification in line with the article 116 of the constitution that sparked fresh debates over the matter in the legal as well as the political arena. – Staff Reporter


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