DHAKA: The Supreme Court on Sunday (December 03) allowed the government till December 10 for issuing a gazette notification on the disciplinary rules for the lower court judges.

A three-member bench of the Appellate Division of the apex court headed by Acting Chief Justice Md Abdul Wahhab Miah gave the time again following a government petition moved by Attorney General Mahbubey Alam.

The SC so far has given time to the government for 27 times for issuing the gazette on disciplinary for the lower court in more than two years.

The government in its latest the petition sought one week time more for issuing and submitting the gazette notification.

The apex court deferred the hearing till December 10 on Masdar Hossain case, known as the judiciary separation case.

Sources said that the law ministry has finalized the disciplinary rules in line with Article 116 of the constitution.

Earlier on November 16, Law Minister Anisul Huq held a meeting with Justice Abdul Wahhab Miah in this regard. After the meeting, he said that the much-awaited gazette notification will be issued before December 3 if the President permits.

On November 05, Attorney General Mahbubey Alam said that the Law Minister would sit with the Justices of the Appellate Division to discuss the issue.

On October 08, the Supreme Court extended time to November 5 the deadline for publishing the gazette notification.

On July 30, the Supreme Court declined to accept the draft of the disciplinary rules and code of conduct for lower court judges which was earlier submitted by the Law Minister to the Chief Justice, and proposed a meeting with the government to settle the issue.

Earlier on several occasions, the apex court expressed dissatisfaction at the government’s failure to issue the gazette notification.

The lower judiciary was officially separated in November 2007 but the disciplinary rules for lower court judges are yet to be formulated.

On December 2 in 1999, the Supreme Court in the Masdar Hossain case issued a seven-point directive, including formulating separate disciplinary rules, for the lower court judges.

The Law Ministry on May 7 in 2015 sent a draft of the rules to the Supreme Court which is similar to the Government Servants (Discipline and Appeal) Rules 1985.

BDST: 1310 HRS, DEC 03, 2017
EHJ