Vol. 5 Num 931 Thu. January 11, 2007  
Front Page

Separation of Judiciary
SC gives govt 7 days to publish rules

The full bench of the Appellate Division of the Supreme Court yesterday ordered the government to publish various rules on separation of the judiciary through gazette notification within a week and remove major hurdles for the separation.

This order came when the attorney general (AG) said it will take more time to make effective various amendments of the rules for separation of the judiciary as the amended rules would be made effective through promulgation of an ordinance.

Visibly angered by the AG's submission, the court asked why the government would amend them anew when the court had already amended all the necessary rules.

The government has already been given as many as 22 deadlines to implement the 12-point directives of the Supreme Court on the matter, beginning from 1999.

The time extensions were given mostly during the tenure of the BNP-led four-party alliance government.

On November 27 last year, the Appellate Division of the Supreme Court, aggrieved at the government's repeated delays, asked the latter to implement the 12 directives within six weeks and submit progress reports on it to the court.

The hearing of this matter took place yesterday when Attorney General AJ Mohammad Ali's submission irked the court once again. The court asked the government not to play 'cat and mouse' with the court.

If the government does not satisfactorily explain why it is delaying the implementation, the court would issue contempt rule against all concerned government officials, including the attorney general, the court said.

On January 26, 2002, the court had cleared the draft amendments of four rules regarding the separation. The court yesterday said that these four amended rules must be published in gazette notification within a week.

"The court had given a light which the government has turned off," the court said.

The four rules are: Judicial Service Commission Rule, 2002, Bangladesh Judicial Service Pay Commission Rule, 2002, Bangladesh Judicial Service (Service Constitution, Composition, Recruitment, Suspension, Dismissal and Removal) Rules 2002 and Bangladesh Judicial Service (Posting, Promotion, Leave, Control, Discipline and other Service Condition) Rules 2001.

When the attorney general was submitting his statements before the full bench of the Appellate Division headed by JR Mudassir Hossain, former law minister Moudud Ahmed was seen prompting him with various points, said barrister Amir-ul Islam, the counsel of the judiciary separation case, who was present at the court.

Amir was assisted by barrister Shamsul Hasan and Moniruzzaman Asad.