The Supreme Court has granted the government two weeks more to publish a gazette on the service rules of the lower court judges, determining their discipline and code of conduct.
A bench of the Appellate Division headed by Chief Justice SK Sinha passed the order Sunday, following a time petition filed by Attorney General Mahbubey Alam.
Earlier, on several occasions, the apex court extended time for the purpose and expressed dissatisfaction with the government's failure to publish the gazette.
The judiciary was officially separated in 2007 but the disciplinary rules for lower court judges are yet to be made.
On December 2, 1999, the Supreme Court, in its judgment on the historic Masdar Hossain case, had directed the government to separate the judiciary from the executive organ.
The last caretaker government led by Dr Fakhruddin Ahmed complied with the order of the Supreme Court separating the judiciary on November 2, 2007.
Since then the Supreme Court has been recruiting the lower court judges. As per the Supreme Court’s guidelines enumerated in its verdict on Masdar Hossain case, the apex court should deal with appointment, transfer, promotion and punishment of the lower court judges. In reality, the law ministry is doing the job.
As such, the Supreme Court wants the government to publish a gazette on service rules empowering the apex court to handle all issues relating to appointment, transfer, promotion, suspension and termination of the lower court judges. But the government is delaying publication of the gazette. However, President Abdul Hamid a few months back opined that publication of gazette on service rules of lower court judges is not necessary.