In a sudden move after dissolving the Supreme Court Secretariat, the government has removed 15 lower court judges and attached them to the law ministry, effectively suspending the Secretariat's functions.
The Law Ministry on Tuesday issued a gazette notification giving retrospective effect to their removal and transfer from April 10, meaning the orders took effect on that date.
Among the 15 judges, 10 -- including Sheikh Ashfaqur Rahman, who was serving as senior secretary of the Secretariat -- are district and sessions judges. The remaining five are additional district and sessions judges, joint district judges, and senior assistant judges.
The Secretariat was established under the Supreme Court Secretariat Ordinance, 2025, issued by the Dr Muhammad Yunus-led interim government on November 30 last year. Then Chief Justice Syed Refaat Ahmed inaugurated the Secretariat on December 10, aiming to bring the judiciary under Supreme Court control and strengthen judicial independence.
In a press briefing on Wednesday, Supreme Court senior lawyer Shishir Manir condemned the government's move to dissolve the Supreme Court Secretariat and recall judges to the law ministry, branding the action a direct "contempt of court".
He said that they would launch a fresh legal battle in the High Court if the government completes the dismantling process without filing an appeal by June 7.
Manir is representing seven lawyers who filed a writ petition challenging the Supreme Court Secretariat (Abolition) Act and seeking a status quo order on the secretariat's operations.
Speaking outside the Supreme Court Annex Building, he noted that he brought the matter to the attention of the relevant bench.
Not a shred of respect had been shown for the court's wishes, Manir said. This kind of conduct is seriously contemptuous. We have already issued a contempt notice. We will file a contempt petition on this matter on Thursday," he warned.
He said he had brought the gazette notification to the attention of the High Court bench led by Justice Ahmed Sohel.
"The court was surprised. Repeatedly surprised, the court asked the deputy attorney general 'you came before us and said you had received the court's preferences that day. The learned attorney general was present himself. So why are you doing all this"
Recalling the attorney general's verbal assurance, Manir said the court had made clear it was their desire that the secretariat not be dismantled within that period. But the court's desires went unheard."
The government was deliberately trying to create conflict with the judiciary", the lawyer said.
With the passage of the abolition act, the independent secretariat lost its legal foundation, reverting all administrative and appointment procedures back to the old framework under the law ministry.
Following that, seven lawyers filed a writ petition on Apr 20 challenging the repeal act and seeking a stay on the secretariat's operations.
Lawyer Manir appeared for the petitioners. Attorney General Md Ruhul Quddus Kazal, Additional Attorney General Aneek R Haque and Deputy Attorney General Mehdi Hasan appeared for the state before the High Court bench of Justice Sohel and Justice Fatema Anwar.
After the initial hearing, the bench decided that a detailed hearing would not proceed immediately and that the matter would remain pending until the appeal against the September 2025 ruling was resolved.
By this time, the government removed the lower court judges from the Supreme Court Secretariat and attached them law ministry without final hearing on the writ petition.
