Top court verdict on Warrant of Precedence gives district judges the status of secretaries

The Supreme Court has released its full verdict on Warrant of Precedence.

District judges have given equivalence of status with government secretaries and those holding Constitutional posts are right on top.

In January 2015, the Appellate Division gave the verdict after disposing of an appeal by the State against the High Court verdict on the issue.

The 62-page verdict was published on Thursday, High Court Division's Additional Registrar Sabbir Foyez told bdnews24.com. 

This follows the disposal of the case by a five-member Appeals Bench, headed by then chief justice Md Mozzamel Hosssain, while dealing with the state's appeal against the High Court's verdict on the issue in 2015.

The Supreme Court verdict

1) As the Constitution is the supreme law of the land, all holding constitutional positions shall be placed in first order of priority in the Table of impugned Warrant of Precedence.

2) Members of judicial service holding the posts of District Judges or equivalent positions shall be placed at Serial No. 16 in the Table along with the Secretaries to the Government and equivalent public servants on the service of the Republic.

3) Additional District Judges or holder of equivalent judicial posts shall be placed at serial number 17 immediately after the District Judges.

In 2006, Bangladesh Judicial Service Association Secretary General Md Ataur Rahman filed a petition with the High Court challenging the legality of the 1986 Warrant of Precedence.

The court had then issued a rule asking why the status of district judges below secretaries will not be declared illegal.

After concluding the hearing on the rule, the court, in February 2010, gave its decision when it issued eight instructions for the government.

It had then also given a 60-day deadline for coming up with a new Warrant of Precedence in keeping with its instructions.

The State appealed against the decision and on Jan 6, 2015, a post on the Appellate Division's website said that the matter has been disposed of with amendments and observation.