HC issues rule upon govt over Judicial Service Rules
December 04, 2007 00:00:00
The High Court (HC) Monday issued rule upon the government to explain why the Bangladesh Judicial Service Rules, allowing the judicial officers' deputation to the executive branches, should not be declared to have been made "without lawful authority," reports UNB.
It also asked the government to show cause why the rules governing the terms and conditions as well as postings and promotions of members of the judicial service "should not be declared unlawful."
A division bench, comprising Justice Shah Abu Nayeem Mominur Rahman and Justice Zubayer Rahman Chowdhury, issued the twin-rule, following a public-interest litigation writ petition, filed by Quazi Abdul Hannan, chief reporter of the daily Shomokal.
"The rule is made returnable in four weeks," said the court order. Ministries of Law, Justice and Parliamentary Affairs and the Ministry of Establishment have been made respondents in the case.
The petitioner challenged the legality of the government action, as he contended that it "violated" the 1999 landmark judgment in the Masdar Hossain case on Judiciary separation and the Constitution. It amounts to "undermining the independence of the Judiciary", he said.
Barrister M Amir-Ul Islam appeared for the petitioner.