In response to a government prayer, the Appellate Division of the Supreme Court (SC) yesterday adjourned hearing of the judiciary-separation case until November 12.

It gives the coalition government a further opportunity to sidestep its responsibility to implement the 12-point SC directive for separation of the judiciary.

The ruling alliance is scheduled to hand over power in October, and therefore the caretaker government will be in power when the hearing will resume.

On July 27, barrister Amir-Ul Islam, intervenor in the case, placed before the SC a comparative chart depicting 'the anomalies that the government has created' with regard to implementation of the 12-point directive.

Following Amir-Ul's argument about the chart yesterday, Attorney General AJ Mohammad Ali submitted a prayer for adjournment of the hearing.

He contended that the government needs time for making submissions relating to the chart and petitioned the court to hold the next hearing after the upcoming vacations.

The court first goes on a vacation for one and a half months from September 1. It will remain open for a week before going into another vacation slated to end on November 4.

Amir-Ul opposed the government prayer and asked the court to fix today [Monday] for next hearing. He contended if the next hearing date is preceded by the vacations, the tenure of the government will end by that time.

On hearing both the sides, the SC adjourned hearing until November 12.

After the court order, Amir told the press that the government was in fact lying in wait for just such an opportunity to duck the responsibility to separate the judiciary within its tenure, he said referring to the court order.

The government is not sincere in carrying out the SC directives, he said.

Meantime, admitting that separation of the judiciary figured in their election manifesto, Law Minister Moudud Ahmed said that no specific timescale however was mentioned for this.

He was speaking to the press after the court order.

"We've shown that we are sincere in our efforts to carry out separation of the judiciary. We've done many things and have some more to do. We're working on it," he said.

During the hearing yesterday, barrister Amir told the court that the rules framed by the alliance government for separation of the judiciary do not conform to the 12-point directive.

The freedom that the judiciary would enjoy before the rules were set down was restricted by the new rules. They have made the judiciary subject to three ministries whereas before it used to be under one ministry, he said.

Despite the court's directive for a judicial service commission to be constituted drawing majority of its members from the higher judiciary, the government has formed the commission with only two judges and six other members including four bureaucrats.

According to the SC directives, the SC will deal with the promotions, transfers and job placements of the lower judiciary judges but the new government rules said the 'proper authority' shall decide on the matters on recommendations of the apex court.

The lower judiciary has been kept virtually under executive control in the name of 'proper authority', Amir-Ul said during yesterday's hearing.

The SC made the 12-point directive for judiciary separation on December 2, 1999. Since then, successive governments repeatedly sought time from the SC for implementation of the directives. But the task has yet to be executed.

On February 1, the SC turned down the 22nd government prayer for time extension. It had rejected the appeal earlier on October 20, 2005.

Barrister Amir-Ul Islam filed a contempt petition on February 22 against nine top bureaucrats for not complying with the SC directives. On April 3, the Appellate Division issued a contempt rule against four bureaucrats -- Principal Secretary to the prime minister Kamal Uddin Siddiqi, Law Secretary Alauddin Sarder, Establishment Secretary Mahbubur Rahman and Finance Secretary Siddiqur Rahman -- for the non-compliance.

Besides, nine other bureaucrats have also been facing contempt charge since November 2004 for distortion of the 12-point directive.

As part of the preparation to separate the judiciary, the government framed two rules -- Bangladesh Judicial Service (Constitution, Recruitment in the Entry Point, Temporary Suspension, Dismissal and Removal) Rules 2006 and the Bangladesh Judicial Service (Posting, Promotion, Leave Grant, Control, Discipline and other Service Conditions) Rules 2006 -- on June 12.

Barrister Moniruzzman Asad assisted Amir-Ul Islam during the hearing yesterday.