Giving two more weeks to the government for publishing the gazette notification on the rules determining discipline and conduct of lower court judges, chief justice SK Sinha on Sunday called it the last chance.
“This is the last chance (to publish the gazette),” he told attorney general Mahbubey Alam who once again sought two weeks’ time for the purpose.
The Appellate Division of the Supreme Court extended the time for publishing the gazette, expressing dissatisfaction at the government’s failure to issue it.
Seeing the attorney general time extension plea, justice Sinha on Sunday asked: “What’s this? How many days do you want?” As Mahbubey Alam replied that it would require another two weeks, the chief justice said, “This is the last chance.”
The 7-member bench of the Appellate Division, led by justice Sinha, granted the time.
According to UNB, on 29 May, the SC gave two more weeks to issue the gazette. On 15 May, the SC gave two more weeks to issue the gazette. On 8 May, the SC gave one more week to issue the gazette. On 4 April, the SC extended time up to 8 May in this connection.
On 14 March, it extended the time by two weeks for issuing the gazette. Before that, the court, on 27 February, gave the government two weeks to publish the gazette as it failed to publish it in time.
On 5 February, the court ordered the authorities concerned to issue the gazette notification by 12 February.
On 24 November 2016, it gave the government one week to publish the gazette notification. The lower judiciary was officially separated in November 2007 but the disciplinary rules for lower court judges are yet to be formulated.
On 2 December 1999, the Supreme Court in the Masdar Hossain case issued a seven-point directive, including formulating separate disciplinary rules, for the lower court judges.
The law ministry on 7 May 2015 sent a draft of the rules to the Supreme Court which is similar to the Government Servants (Discipline and Appeal) Rules 1985.
Law minister Anisul Huq yesterday expressed the hope that the gazette notification on discipline and conduct rules for lower court judges will be issued by next 15 July, reports UNB.
The minister said this while talking to reporters after attending a programme at Judicial Administration Training Institute. The issuance of the gazette notification is being delayed as all the relevant issues of the gazette are being scrutinised so that no question could be raised over it, he added.
Stressing the need for ‘quality judiciary’ to establish the rule of law in the country, Anisul Huq said the government is committed to ensuring ‘quality judicial’ services for people.