SC orders govt to finalise judges' service rules within Nov 24

The Supreme Court has directed the government to finalise the service rules of judges of the lower courts and publish a gazette notification in line with the Masdar Hossain case within Nov 24.

The nine-member full bench of the Appellate Division issued the order on Monday after hearing the State's petition seeking eight more weeks.

Attorney General Mahbubey Alam stood for the State.

The Appellate Division of the Supreme Court on Dec 2, 1999, delivered a historic verdict separating the judiciary from the executive in a case filed by one Masdar Hossain.

The Appellate Division dissolved the judicial cadre of the Bangladesh Civil Service (BCS) on the ground that it was incompatible with the Constitution and declared the judicial services as independent.

The apex court also issued a set of directives upon the government for bringing about a separation of the judiciary from the executive.

Following the verdict, the judiciary was separated from the executive branch on Nov 1, 2007.

As part of the separation, the government submitted a draft of the rules relating to the services of judges of subordinate courts.

The Appellate Division, however, declared it contradictory to the Masdar Hossain case verdict on Aug 28 this year because the draft ran similar to the Government Servants (Discipline and Appeal) Rules 1985.

The Supreme Court then amended the draft and sent it back to the law ministry, asking it to finalise the draft and submit as a report on Nov 6.

With Attorney General Alam failing to submit any progress report on Sunday, the Appellate Division ordered the State to write down the steps taken to finalise the rules and submit them.

It also set Monday as the date to issue the order.

The attorney general submitted the petition seeking time, but the apex court found it 'unclear' and ordered that the rules be finalised and gazetted by Nov 24.