Guidelines for Judges: Govt inaction disappoints apex court

The Supreme Court yesterday expressed dissatisfaction with the government for not finalising rules determining the disciplines for lower court judges in line with its guidelines.

The judiciary has been held captive as action cannot be taken due to shortage of the rules in case any judicial officer violates disciplines, the Appellate Division told Attorney General Mahbubey Alam.

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Some lower court judges have been involved in corruption and anomalies and have gone beyond discipline, but steps cannot be taken against them, it said while hearing the Masdar Hossain case, popularly known as the judiciary separation case.

The SC said the law ministry has taken over the power of the president regarding control of the judicial officers through making the rules of business.

“An additional district judge has sent a letter to the president for impeachment of the chief justice. How dare! The file regarding taking action against him has been kept in the deep freeze,” said the apex court.

Pointing to the attorney general, the court said, “Surrender, if you cannot do it. We will look into it.”

A nine-member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha, however, gave two weeks' time to the government to finalise the rules and issue a gazette notification to that effect and fixed November 24 for further hearing.

At the beginning of the hearing, Attorney General Mahbubey Alam submitted a petition before the bench seeking eight weeks' time for finalising the rules.

The SC said it would not give even eight days, as the government was asked around two and a half months ago to do the task.

In response, the attorney general said the law ministry has sent the rules to the president for approval.

“If you [AG] think the court will grant time whenever the state applies for it, it is really very saddening,” the court observed.

In reply, the top state law officer said, “I have appeared before this court many times in the Masdar Hossain case like an offender.”

The court added, “We have asked to remove one word. But you couldn't do that in last five years. One of the significant directives of the verdict in the Masdar Hossain case was not implemented in 14 years.”

The attorney general said the directives would be implemented.

The court said the statement made in the time petition is vague, as it is not mentioned when the file regarding the rules was sent to the president.

The attorney general said the law minister [Anisul Huq] has gone abroad and no information about this issue can be known until his return.

The SC said there was no necessity for sending the rules to the president, as the government is supposed to execute the court's order.

At one stage, the SC said 170 lower court judges cannot work as they have no courtrooms.

Besides, delay is being observed in construction and operation of the chief judicial magistrates' court buildings, it mentioned.

Earlier, the government framed the rules according to the SC order. Later the apex court corrected the rules in line with its guidelines in the Masdar Hossain case verdict.