SC regains control over subordinate judges

 
The High Court on Tuesday restored the authority of the Supreme Court over the control and discipline of subordinate court judges, declaring amendments to Article 116 of the Constitution and the 2017 Judicial Service (Discipline) Rules unconstitutional.

The 185-page full verdict, delivered by a bench comprising Justice Ahmed Sohail and Justice Debashish Roy Chowdhury, also directed the government to establish a separate and independent secretariat for the judiciary within three months, following a proposal from the Supreme Court authorities.

Advocate Mohammad Shishir Manir, representing the writ petitioners, said the ruling ensures that control over lower courts will now be vested in the Supreme Court, rather than the President.

The case was filed on August 25, 2024, by seven Supreme Court lawyers-Mohammad Saddam Hossain, Md Zahirul Islam, Mostafizur Rahman, Abdullah Sadik, Md Mizanul Haque, Aminul Islam Shakil, and Zayed Bin Amjad-challenging the validity of Article 116 and seeking a directive to establish a separate judicial secretariat.

After preliminary hearings, the then High Court bench of Justice Farah Mahbub (now Appellate Division) and Justice Debashish Roy Chowdhury issued a rule on October 27, 2024, questioning the constitutionality of Article 116 and the 2017 Judicial Service (Discipline) Rules. Following Justice Farah Mahbub's elevation, the case was reassigned to the current bench.