Supreme Court Secretariat issue to be settled by Appellate Division: AG

Attorney General Md Ruhul Quddus Kazal today said the issue regarding the establishment of the Supreme Court Secretariat will be finally settled by its (SC) Appellate Division, as the government will move an appeal before the apex court challenging the High Court verdict.

The High Court verdict that has directed the government to establish the Supreme Court Secretariat will not be effective until final disposal of the planned appeal by the Appellate Division, he said at a press briefing in his office on the SC premises this afternoon.

Additional attorneys general Md Abdul Jabbar Bhuiyan, Md Arshadur Rouf and Aneek R Haque, among other state law officers, were present.

Ruhul Quddus told media that the High Court, in its full text of verdict, issued a certificate allowing an appeal under Article 103(2)(a) of the constitution, as the case raises a substantial question of constitutional interpretation.

“The issue of establishing a separate Supreme Court Secretariat is involved with the Supreme Court itself. We will expect that the Supreme Court will hold a hearing and dispose of the appeal very cautiously so that no question is raised about its decision in future,” he said, adding that the government will be waiting for the final disposal of the appeal.

Replying to a question, the attorney general said the parliament will take the decision about the Supreme Court Secretariat ordinances, as those have been placed before it.

Following a writ petition, the High Court bench of Justice Ahmed Sohel and Justice Debashish Roy Chowdhury delivered its verdict on September 2 last year, scrapping Article 116 of the constitution, which had vested the powers of control and discipline of lower court judges in the president.

The bench also directed the government to establish the Supreme Court Secretariat within three months and ruled that the Supreme Court, not the president, will have the authority over the transfer, posting, and discipline of lower court judges.

The full text of the verdict was released on April 7.