HC defers hearing on writ challenging legality of Supreme Court Secretariat repeal
The development follows a series of legal and legislative steps surrounding the establishment and subsequent repeal of the Supreme Court Secretariat
Hearing on a writ petition challenging the legality of scrapping the ordinance that established an independent secretariat for the Supreme Court was deferred yesterday (19 April), as the state plans to move the Appellate Division in a related case.
The High Court bench of Justice Ahmed Sohel and Justice Fatema Anowar did not take up the petition, which was listed as item 96, indicating that the matter would remain pending until the appeal is resolved.
Senior Supreme Court lawyer Mohammad Shishir Monir appeared for the petitioners, while Attorney General Md Ruhul Quddus Kajal represented the state.
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Following the hearing, Shishir Monir said the state had informed the court it would file the appeal by today (20 April).
He added that the court expects that, in the meantime, existing structures of the secretariat should not be removed out of respect for the Supreme Court.
The attorney general said he had noted the court's expectation and would convey it.
He also submitted that since a related case is in the process of being appealed before the Appellate Division, proceeding with the current writ may not be appropriate until that matter is settled.
The development follows a series of legal and legislative steps surrounding the establishment and subsequent repeal of the Supreme Court Secretariat.
On 2 September last year, the High Court directed the government to establish a separate and independent secretariat for the Supreme Court within three months, following a writ filed by seven lawyers.
The full 185-page verdict was published on the Supreme Court website on 7 April.
In line with the ruling, the interim government promulgated the "Supreme Court Secretariat Ordinance, 2025" on 30 November.
The secretariat was formally inaugurated on 11 December.
However, amid objections from opposition parties, Parliament passed the "Supreme Court Secretariat (Repeal) Bill" on 9 April this year, scrapping the ordinance.
Seven lawyers subsequently filed the writ petition yesterday, challenging the legality of the repeal law.
The petition seeks a High Court rule asking why the Supreme Court Secretariat (Repeal) Act, 2026, should not be declared inconsistent with the Constitution.
It also seeks an order to maintain the status quo regarding the secretariat's operations, which began on 11 December, until the rule is disposed of.
Two secretaries of the law ministry have been made respondents in the writ.
According to relevant authorities, of the 46 judicial officers designated for the secretariat, 15 have already been appointed, while the rest are in the process of recruitment.
Nineteen staff members have been posted from the Supreme Court, and recruitment rules for the remaining employees are being finalised.
The finance ministry has already allocated Tk14.16 crore for the secretariat, and construction of the building to house it is expected to be completed by April.
