Law ministry, Supreme Court at odds over judges training abroad

The law ministry and the Supreme Court are at loggerheads over sending lower court judges abroad for training.

Tabarul Huqbdnews24.com
Published : 19 May 2017, 06:51 PM
Updated : 19 May 2017, 06:51 PM

The law ministry on May 3 issued an order to send 12 judges to Australia for training in the first phase as part of a memorandum of understanding signed with Western Sydney University for training of 540 judges.

But on May 9, the Supreme Court ordered the judges not to leave the country without consulting the apex court.

They would face departmental action if they defied the order, warned the Supreme Court circular signed by High Court Division Registrar Abu Syed Diljar Hossain.

It referred to Section 116 of the Constitution to say that consultation with the Supreme Court is mandatory to send judges or persons employed in judicial service abroad for training.

The section states: "The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the President and shall be exercised by him in consultation with the Supreme Court."  

After a week, the law ministry responded to the top court’s order with another order signed by Senior Assistant Secretary Toyebul Hasan.

Referring to a letter issued with regards to the permission of the president on Apr 11 last year, the ministry said consulting the Supreme Court is not obligatory for subordinate court judges to travel abroad while on deputation. The letter cited a Supreme Court memo issued on Feb 14 the same year.

The law ministry said in the latest circular that many judicial service officials appointed on deputation or in other ways had gone abroad on government orders, and without consulting the Supreme Court.

The Supreme Court order, however, said the employees of the judicial service should be dealt with differently, unlike the other employees of the republic. It referred to Section 109 of the Constitution, which states: "The High Court Division shall have superintendence and control over all courts and tribunals subordinate to it."

The law ministry circular said the Supreme Court warning against the judges travelling abroad without consulting it was 'indecent and uncalled for.’ 

It said no other rule or circular is effective against any rule of the president on judicial service officials, appointed on deputation or in other ways, travelling abroad.

"A rule issued by the president is mandatory to follow for every organisation of the republic," it says.

Law Secretary ASSM Zahirul Haque is not ready to say it is a 'dispute' between the judiciary and the executive.

"There is no disagreement with the Supreme Court. There is no reason for a disagreement," he said.  

Zahirul, however, said any official appointed on deputation under all the ministries, including the law ministry, can travel abroad with their corresponding ministries' permission.

"This is the president's rule, which is final. Nothing can supersede it," he said.  

High Court Division Registrar Diljar Hussain said they received a letter in this regard from the ministry.

He preferred to not comment on the letter saying Chief Justice Surendra Kumar Sinha was out of Dhaka. Justice Sinha would reply to the letter when he returns to the capital, he said.