Judges’ service rules enhance SC authority, says Law minister

The gazetting of judges’ service rules has augmented the authority of the Supreme Court, Law Minister Anisul Huq has said.

Senior Correspondentbdnews24.com
Published : 12 Dec 2017, 03:59 PM
Updated : 12 Dec 2017, 03:59 PM

The government published the much-debated gazette on Monday clarifying the service rules for the lower court judges after a prolonged tug-of-war between the executive and the judiciary.

The BNP has criticised the gazette saying it consolidates government’s control on the judges.

"The criticisms are coming from those who have failed to understand the rules," Minister Huq said on Tuesday.

Justice Surendra Kumar Sinha, who resigned as chief justice in November amid criticism by ruling Awami League leaders for the verdict scrapping the 16th constitutional amendment, had sent a draft of the service rules back to the government, saying "it did not fulfil the Supreme Court instructions."

After a meeting recently with Justice Md Abdul Wahhab Miah, who is now the acting chief justice, the law minister said the discord with the Supreme Court over the service rules for lower court judges was over.

Anisul said the government implemented the Supreme Court’s suggestions 'word for word’.

“The rules were made upon consultation with the court. In no way does it hinder the authority of the Supreme Court; rather they increase it,” he told journalists on Tuesday.

“The Supreme Court gets precedence in case of difference of opinion with the President,” he added.

The gazetting of service rules for lower court judges means the government now holds sway over the judiciary, BNP Secretary General Mirza Fakhrul Islam Alamgir has said.

“They are talking only for the sake of criticising because their long-term plans have been foiled,” Minister Huq said referring to Fakhrul’s comment.

Promising acceptance for “constructive criticism”, he said, “They (BNP) need to the study constitution first to do constructive criticism.”

“From 1975 until 1996, they just manhandled the constitution. But we will not let them do so anymore,” he went on.

When asked on how Justice Sinha had hindered the gazetting, Huq said he was not interested in talking about the past. “We will just follow the constitution. I don’t think we have breached the constitution in any way.”

Former chief justice Surendra Kumar Sinha had to leave the country and resign only because he had opposed the rules and wanted to ensure an independent judiciary, Fakhrul has claimed.