HC full verdict published on separate secretariat for judiciary in 3 months
HC also restores SC authority over lower court judges
The High Court has published its full 185-page verdict today (7 April) ordering the establishment of a separate, independent secretariat for the Supreme Court within three months.
Earlier on 2 September last year, the bench of Justice Ahmed Sohel and Justice Debasish Roy Chowdhury delivered the verdict.
In the judgment, the High Court invalidated the provision of Article 116 of the Constitution, which assigned the responsibility of controlling (including determining workplaces, promotions, and granting leave) and disciplining magistrates serving in subordinate courts to the president.
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As a result, the responsibility for the control and discipline of magistrates serving in subordinate courts is now vested in the Supreme Court.
Additionally, the disciplinary rules formulated in 2017 for subordinate courts have been cancelled.
Advocate Mohammad Shishir Monir today appeared for the petitioners.
Senior Advocate Sharif Bhuiyan served as amicus curiae, while Attorney General Md Asaduzzaman represented the state.
On 25 August, 2024, seven lawyers filed a writ petition challenging the validity of Article 116 of the Constitution and the Judicial Service (Discipline) Rules of 2017, seeking directives to establish a separate judicial secretariat.
Later, on 27 October of the same year, the High Court issued a rule.
According to Article 116 of the Constitution, the control (including determining workplaces, promotions, and granting leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions are vested in the president.
The president exercises this in consultation with the Supreme Court.
According to the petitioners' lawyer, Article 116 places the responsibility of controlling and disciplining magistrates serving in subordinate courts on the president.
The same article states that the president shall consult with the Supreme Court while performing this duty.
In practice, direct interference from the executive branch of the state is observed in the exercise of this responsibility vested in the president, which damages the independence of the judiciary.
In the 1972 Constitution, the responsibility for the control and discipline of magistrates serving in subordinate courts was vested in the Supreme Court.
Through the Fourth Amendment of the Constitution in 1974, this responsibility was transferred to the president.
Later, through the Fifth Amendment, the words "to be exercised by the president in consultation with the Supreme Court" were added.
Subsequently, after the Appellate Division of the Supreme Court declared the Fifth Amendment Act unconstitutional, the current provision of Article 116 was replaced through the Fifteenth Amendment Act of 2011.
This provision currently exists in Article 116 of the Constitution.
