Saturday | 11 January 2025 | Reg No- 06
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Saturday | 11 January 2025 | Epaper

Separate secretariat for Supreme Court soon 

Ministry, apex court reach consensus

Published : Saturday, 28 December, 2024 at 12:00 AM  Count : 65
Muhammad Yeasin
The interim government is going to establish a separate secretariat for the Supreme Court very soon as both the ministry and the Supreme Court have reached a consensus for this purpose, sources said.

The interim government is going to establish the separate secretariat for the judiciary in line with the Supreme Court verdict on Masder Hossain case, known as separation of judiciary case, which was delivered 17-year ago.

In 2007, the judiciary was separated from the executive branch in light of the apex court verdict in the Masdar Hossain case during the tenure of the military-backed caretaker government. Even after 17 years, the Awami League government did not take any initiative to establish a separate secretariat.

After the fall of the Awami League government, Nobel Laureate Professor Dr Muhammad Yunus-led interim government has taken a decision to establish a separate secretariat for the judiciary in accordance with the Supreme Court verdict. 

Now, the law ministry is scrutinising the draft sent by the Supreme Court for the establishment of a separate secretariat and the organogram of the proposed secretariat, sources in the ministry said. 

However, the ministry might be incorporated in some sections of the Supreme Court proposal regarding the Rules of Business and Allocation of Business for the smooth functioning of the separate secretariat. 

Sources also said that after finalizing the draft sent by the Supreme Court to the law ministry for establishing separate secretariat for the judiciary, the interim government will issue an ordinance in this regard.

Sources also said that both the ministry and the Supreme Court are examining about the name of the secretariat. Reasonable discussions are also underway on whether the name of the secretariat will be in the name of judiciary or in the name of the Supreme Court.

Legal experts say that the establishment of the Judicial Secretariat will end the existing dual rule in matters of appointment, transfer, promotion, discipline, leave, etc. of judges of subordinate courts. It will be possible to ensure the true independence of the judiciary. All kinds of political and administrative interference in the subordinate courts will also be stopped.

Earlier on October 27, Chief Justice Syed Refaat Ahmed sent the proposal to the Law Ministry recommending for the establishment of a separate secretariat for the judiciary in line with the Supreme Court verdict on Masder Hossain case.

Law Advisor Dr Asif Nazrul held a meeting with the officials of the Ministry of Law regarding this proposal. After that, on December 10, a three-member team from the Supreme Court Registry led by High Court Special Officer Md Moazzem Hossain presented various strategic issues of the Judicial Secretariat in the room of the Secretary of the Law and Justice Department in the presence of officials of the Ministry of Law. After that, the issue of the formation of the Judicial Secretariat gained momentum again.

After sending the proposal, the Supreme Court administration in a press release on October 27 stated that the Chief Justice had earlier made the proposal in his speech on September 21 while addressing all judges, lawyers and judicial officials from across the country at the inner garden of the Supreme Court in Dhaka.

The Chief Justice shared a roadmap for judicial reforms in his speech on September 21 at the Supreme Court's main building. 

This move aimed at enhancing the independence and functionality of the judicial branch, the Supreme Court said.

In his address, the Chief Justice emphasized on the importance of judicial independence and institutional separation.

"This proposal, crafted with input from both divisions of the Supreme Court, seeks to establish an independent secretariat for the judiciay."



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