Staff Reporter:
Eminent lawyers have been considering the ‘Supreme Court Secretariat Ordinance’ as a golden addition and a milestone step in the history of the country’s judiciary.
They expected that the ordinance will end the dual administration between the Supreme Court and the Ministry of Law, Justice and Parliamentary Affairs.
Talking to the reporters, Chief Prosecutor of the International Crimes Tribunal (ICT) Mohammad Tazul Islam said, “We believe this is an important achievement for the nation and a golden addition to the his-tory of the judiciary. Now the responsibility and accountability of the judiciary have increased. After establishing a separate secretariat for the judiciary, we hope that only those judges will join the judiciary who remain accountable solely to their conscience, the constitution and the law, no one else. We expect that the judges who have tarnished the judiciary in the past will no longer be a part of it, we hope for that better day”.
About the ordinance, SC’s senior lawyer Barrister Md. Ruhul Quddus Kajol told the reporters, “I believe that this ordinance will end the dual administration between the Supreme Court and the Ministry of Law. This ordinance will empower the judiciary. However, its effectiveness will depend on proper implemen-tation. I thanked the Chief Justice and the interim government for issuing this ordinance.”
Masdar Hossain, former judge and petitioner in the landmark judicial separation case, said, “It was not only the desire of the judiciary but also for the entire nation. I thanked the interim government and the Chief Justice for issuing this ordinance.”
SC’s senior lawyer Mohammad Shishir Monir said, “This is a milestone step in the history of Bangla-desh. Our lower courts have been freed from the administrative control and all decisions regarding post-ing, promotion, transfer, discipline and leave of subordinate judges will now come under the control of the higher judiciary.”
The ordinance has been issued to ensure full independence of the judiciary. At the initiative of Chief Justice Dr. Syed Refaat Ahmed, a proposal regarding setting up a separate secretariat for the Supreme Court was sent to the Ministry of Law to ensure institutional independence of the judiciary. After receiv-ing final approval at a meeting of the interim government’s Advisory Council, the Ministry of Law is-sued the ordinance on November 30—ten days after the approval.
According to the ordinance, all decisions regarding posting, promotion, transfer, discipline, leave and other related matters of judges engaged in judicial functions will be vested to the Secretariat. The Chief Justice will have full authority over the Supreme Court Secretariat, while the secretary of the secretariat will serve as its administrative head.
Masdar Hossain, the general secretary of the BCS Judicial Association, and his colleagues filed a case in 1995 seeking the separation of the judiciary from the executive. In 1999, the Appellate Division of the Supreme Court delivered a historic verdict for establishing an independent judiciary. Eight years later, in 2007, the main directives of the judgment were implemented and the judiciary was formally separated at that time.
