Tuesday, November 8, 2016

SC upset for not finalising rules for judicial officers

The Supreme Court today expressed dissatisfaction on the government as it did not finalise rules determining disciplines for lower court judges as per the apex court’s guideline.

The judiciary has been held captive as it cannot take any step if any judicial officer commits any anomaly, the apex court told Attorney General Mahbubey Alam.

A nine-member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha said this while hearing the Masdar Hossain case, popularly known as judiciary separation case.

During the hearing, the attorney general submitted a petition seeking time for finalising the rules determining the disciplines for judicial officers.

Earlier the government framed the rules according to the SC order. Later the apex court corrected the rules in line with its guideline in the Masdar Hossain case verdict.

On August 28, the appellate division ordered the government to finalise the rules and issue a gazette notification to the effect by November 6.

Today, the SC told Attorney General Alam that the law ministry took over the president’s power of controlling the lower court judges through the rules of dismissal.

The judiciary has been going beyond Supreme Court’s control, the SC said.

The apex court asked: “How did an additional district judge dare to send a letter to the president for impeachment of the chief justice?”

The apex court later ordered the government to finalise the rules and issue the gazette notification by November 24.

source:Daily star

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