Law Minister Huq says he feared court summons over judges’ service rules

Law Minister Anisul Huq says former Chief Justice Surendra Kumar Sinha was ‘causing a ruckus’ over the service rules for lower court judges and that it was by the grace of Allah that the longstanding tensions between the executive and the judiciary branches have been resolved.

Before his resignation, Sinha had dismissed a draft of the rules submitted on Jul 30, expressing his anger at certain words and sections of the document.

But, according to the constitution, the draft was under the jurisdiction of the judiciary and had been done in line with his instructions, Huq said at an event in the capital on Saturday.

“You are all familiar with the storm the former chief justice raised over the matter,” he said.

“It seemed that I would be summoned to court at any moment, like the ministry’s secretaries. You couldn’t explain to him that the constitution gave the president the power. The law ministry cannot give that power to the chief justice. Finally, by the grace of Allah, the matter has been resolved.”

Justice Sinha had called the minister, the attorney general and other law ministry officials to deliberate the matter.

He expressed his disappointment when the law minister did not appear in court on Aug 30.

The law minister said the rules were drafted in the presence of President Abdul Hamid according to the jurisdiction in the matter and were sent to the Supreme Court accordingly.

“I want to say, humbly, that according to the warrant of precedence, the president has the highest post. The constitution gives him the power to appoint the prime minister and the chief justice without consulting anybody.”

“All actions taken by the executive branch are done in the president’s name. According to Article 55 (6) of the constitution he makes the rules for the allocation and transaction of government business. He formed the Rules of Business 1996 accordingly.”

The president is empowered to frame the rules of appointment of subordinate court judges and discipline those judges, he said.

“It is natural that the person with the power to frame the rules of appointment also frames their service rules. The law and justice division, at the president’s instruction, drafted the rules and regulations regarding the subordinate courts in accordance with the decision and sent the draft to the Supreme Court.”

Amid this tension, the then Chief Justice Sinha began facing criticism for his verdict dismissing the 16th amendment to the constitution. He went on leave and eventually submitted his resignation on Oct 13.

The service rules gazette came before the Appellate Division on Oct 8. The court then extended the time until Nov 5.

Attorney General Mahbubey Alam asked the court for more time on Nov 5. An Appellate Division bench led by acting Chief Justice Md Abdul Wahhab Miah extended the time again to Dec 5.

The law minister says the gazette will be issued this week.