The Supreme Court sent a proposal to the Law Ministry on October 25 last year to establish a separate secretariat for the judiciary. However, it did not happen for almost five months. Concerned that the judiciary is unable to work completely independently because there is no separate secretariat.
Sources in the Supreme Court administration say the matter is in the final stages.
In the case of Masdar Hossain, the High Court in 5 to separate the judiciary from the executive department and the Appellate Division in 5. However, the political government did not implement the verdict. In the 21st, the then caretaker government separated the judiciary. The Awami League government collapsed in the student coup on August 7 last year. Speaking to the judges of the subordinate court of the country on September 27, Chief Justice Syed Rifat Ahmed said that a full proposal for establishing separate secretariat for the judiciary like the Election Commission Secretariat, the Secretariat of the National Assembly in Bangladesh will be sent to the Law Ministry soon.
The Supreme Court sent a proposal to the Law Ministry on October 25 with the concept and some attachment. The concept said that due to the disregard of the political government in the past years, the separation of the judiciary has not been possible. This is why the current time is the best time to ensure the true independence of the judiciary, considering the unforgettable coup of the students. The first step in this effort is to establish a separate judicial secretariat.
On March 7, the Supreme Court Lawyers Association urged the establishment of independent secretariat for the judiciary to ensure the effective independence of the judiciary at the Iftar Mahfil.
Asked about the progress of the establishment of a separate secretariat, Special Officer of the Supreme Court, Moazzam Hossain, told today's newspaper, “The law draft from the ministry was sent after sending the notification from the Supreme Court. The Supreme Court agreed with the draft. As far as I know, the matter is in the final stage. '
Asked about the Supreme Court's proposal, the law ministry secretary Sheikh Abu Taher said the comment was unable to comment.
Article 4 is pending: Article 5 of the Constitution attached to the Fifteenth Amendment states that the subordinate court judges will be vested on the President, including determining the workplace of the judges of the subordinate court, promotion, leave. The President will appoint it in consultation with the Supreme Court.
This paragraph is considered a barrier to the independence of the judges. The Supreme Court lawyer filed the writ on August 25 challenging Article 5. The petition states that according to Article 5 of the Constitution, the direct intervention of the executive department of the state is seen as the responsibility of the President is mainly vested. It reduces the independence of the judiciary.
The High Court issued the rule on October 25 after the preliminary hearing of the writ. The rule is asked why Article 5 of the Constitution and the Judicial Service (Discipline) Rules of 20 in this regard will not be declared in conflict with the Constitution. At the same time, it is also asked why a separate secretariat will not be established for the judiciary. The hearing of that rule is finally.
Mohammad Shishir Monir, a lawyer for the writer, said the judiciary is the basic structure of the Constitution of Independence. This basic structure has been destroyed by paragraph. The lower court judges are being controlled by the Law Ministry. To get out of this, a separate secretariat has to be established. The matter is not settled in the High Court as the state party has repeatedly taken time.
Attorney General Md. Asaduzzaman said, 'No comment'.
The Reform Commission wants the ministry to stop intervention: The Judicial Department Reform Commission formed interim government has recommended stopping the intervention of the Law Ministry to ensure the independence of the judges. According to the Commission, having power in the hands of the ministry means maintaining a double control system. Although the judges declare the independence of the paper-pen, it is possible to disrupt the conduct of judicial activities independently in many cases.
Asked about the Justice Commission, Barrister Tanim Hossain Shaon, a member of the Justice Department, said the commission's recommendations were in the discussion stage. Now the judiciary is nominal independent, everything comes from the ministry. Separate secretariat will have to give full power to the Supreme Court with budget, transfer.
