Judiciary Separation
SC rejects govt's plea for more time
Staff Correspondent
The Supreme Court (SC) yesterday turned down again the government petition seeking another four months for the implementation of the 12-point SC directives on separating the judiciary from the executive.Expressing resentment over the state side's repeated plea for time-extension, the court asked it not to put the court into an embarrassing situation by seeking time for no reason. This was for the 22nd time that the government sought time-extension. The full Appellate Division bench led by Chief Justice Syed JR Mudassir Hossain also fixed February 22 for hearing of a contempt-of-court petition against the government for its failure to implement the court directives for the separation of the judiciary despite time extension several times. As Barrister Amir-Ul Islam, counsel for the judiciary-separation case, moved the contempt petition, the court pointed out that the bureaucrats against whom the contempt-of-court charge is to be drawn were transferred from their posts. The Supreme Court Bar Association (SCBA), meantime, demanded the chief justice to draw a contempt charge against the prime minister and the law minister and others concerned for violating the Supreme Court directives in the judiciary-separation case. The hearing on the contempt charge against nine bureaucrats for distorting the 12-point SC directives started around 9:30am yesterday. Attorney General (AG) AJ Mohammad Ali drew the court's attention to consider its fresh petition seeking four months for implementation of the SC directives. "If you have any information since October 20 last year, present it to us; otherwise, there is no scope to pray for time without any positive development," the court told the AG, as it had earlier disposed of the matter refusing similar government excuses for time-extension. The SC on October 20 last year refused to entertain another similar petition of the government. "This is a continuous process to implement the court edicts. And since all these are technical in nature, the government needs further time," the AG submitted. The court said, "Do not speak of technical matters since we have already heard the submissions of technical matters. We have told the authorities to implement the directives." The AG told the court that this time the government is working to amend the laws needed for implementing the SC directives and the matter will be tabled in parliament. The court asked: "What did you do two months ago? What were your steps during this period of time?" As the AG repeatedly pleaded for granting further time for implementing the SC directives, the court told him there is no scope for granting time further. "We want to see the implementation of the 12-point directives. Do not put the court into an embarrassing situation by seeking extension of time without any reason," it said. The court later took up the matter of the contempt petition. Barrister Amir-Ul Islam told the court that he needs time to update the petition as many of the bureaucrats against whom he had brought the allegation were transferred from their posts. He, however, submitted that no matter if a person changes his position, the offence of contempt-of-court is a personal liability. He told the court that he would submit the updated petition in seven days. After a short hearing, the court asked the counsel to file a revised petition also adding the names of the persons replacing the transferred bureaucrats. The court adjourned the hearing until February 22. The nine bureaucrats facing charges of contempt of court for distorting the SC directives appeared in person before the court during yesterday's hearing. TH Khan, counsel for the bureaucrats, at one point prayed for exempting the bureaucrats from appearing before the court in person. The court rejected the plea.
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