Don’t do politics over lower court judges’ service rules

BJSA urges six senior lawyers

Staff Correspondent

4 January, 2018 12:00 AM printer

Bangladesh Judicial Services Association (BJSA) asked six senior lawyers of the Supreme Court not to do politics over new service rules for lower court judges which have been prepared in the light of the constitution.

In a press release on Wednesday, BJSA said its attention was drawn to negative statements made by six Supreme Court lawyers.

The lawyers include Barrister Rafiqul Huq, Dr Kamal Hossain, Barrister Mainul Hosein, Advocate AF Hassan Ariff and Barrister Fida M Kamal.

BJSA, a platform of lower court judges, said it is fully satisfied with the new service rules, which have been prepared as per Article 116 of the Constitution.

Besides, the Appellate Division of the Supreme Court accepted the new service rules on Wednesday, BJSA said, adding that there is no scope for anybody to criticise the service rules.

The association also objected to a statement by Barrister M Amir-Ul Islam that the new service rules are against the interest of the lower court judges.

Barrister Amir made the comment in the Appellate Division as he appeared as a lawyer for BJSA in Masdar Hossain case.

Earlier, Masdar Hossain, a lower court judge, filed a writ petition with the High Court, seeking separation of the judiciary from executive organ of the government and separate pay scale and status for the judges.

The High Court and Supreme Court both directed the government to separate the judiciary in their verdict on the said case.

The apex court issued various directives to implement the verdict. One of the directives was to make a separate service rules for lower court judges in the light of the Article 116 of the Constitution.

The caretaker government led by Dr Fakhruddin Ahmed separated the judiciary complying with the SC verdict.

During Awami League regime, law ministry made a draft of the service rules which was rejected by the then chief justice SK Sinha. He wanted to take away the authority of President over the lower judiciary.

After resignation of Sinha, the law minister Anisul Huq held a meeting with the SC judges on the draft. Later, the government published gazette on the service rules.

The SC hears time to time compliance status of its directives in the Masdar Hossain case. As counsels of BJSA, Barrister Amir-Ul Islam and Dr Kamal Hossain appear before the SC.

In the press statement, BJSA said it has decided to withdraw power of attorney given to the two lawyers.

It also alleged that the six SC lawyers are doing politics over the issue.