‘Judges’ disciplinary rules have increased SC’s dignity’

Secretariat Correspondent: “The instructions which have been given regarding the disciplinary rules of the lower court judges as per the constitution have increased the dignity of the Supreme Court (SC),” Law Minister Anisul Huq said.

He slammed those who are criticizing on the issue without understanding the gazette on the disciplinary rules of the lower court judges published yesterday.

The minister came up with the comments while relying to a query from journalists at his secretariat office on Tuesday.

"Many were seen to play game with the constitution from 1976 to 1996. Now no one will be given a chance to play game with the constitution," Anisul said.

The law ministry yesterday issued the gazette notification on the disciplinary rules of the lower court judges keeping the president’s authority to control the judges.

The government has prepared the disciplinary rules for the lower court judges in line with the article 116 of the constitution.

The article allows the president to control their postings, promotions and leaves in consultation with the Supreme Court.

Article 116, in its current form, says, “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.”

Article 116 of the original charter of 1972 had empowered the SC to decide on the posting, promotion and leave of lower court judges. The top court had also control over the magistrates' exercise of judicial powers and could discipline the judicial service staffers when necessary.

The lower judiciary was officially separated in November 2007 but the disciplinary rules for lower court judges had not been formulated.

On December 2, 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, 2015 sent a draft of the rules to the Supreme Court which was similar to the Government Servants (Discipline and Appeal) Rules 1985.

risingbd/Dhaka/Dec 12, 2017/Asad/AI