The process for institutionalizing the separation of judiciary and formation of an independent council for appointment of the higher court judges are at the final stage.
Md Shafiqul Islam, Public Relations Officer of the Appellate Division of the Supreme Court today said this referring a circular of the Supreme Court.
Referring to Chief Justice Dr Sayed Reefat Ahmed’s announcement on various occasions for reform in the judiciary, the circular noted that the Chief Justice has already taken adequate measures to bring legal and structural reforms in the judiciary to establish an independent judicial secretariat to ensure its independence in line with verdict of the Masdar Hossain case.
The CJ has already taken various steps to enact specific law for appointing higher court judges like other developed countries aimed at flourishing worth of merit of the judges, making the posting and transfer of the judges transparent and allocating sovereign and sufficient budget for the judiciary.
In line with the roadmap, a proposal for constituting a separate judicial secretariat has been sent to the Law, Justice and Parliamentary Affairs Ministry on October 27 last, the circular pointed out.
The proposal contains a draft ordinance for constitution for the judicial secretariat to bring the lower courts and tribunals under control and supervision of the High Court to fulfill the objectives of the Article 109 of the Constitution.
The proposal also includes a draft of the organogram of the judicial secretariat and prospective reform in the rules of business and allocation of business of the High Court.
A three-member panel of the Supreme Court administration on December 10 gave a presentation on various technical aspects of the proposed judicial secretariat at the office of the law secretary in presence of the concerned ministry officials, expediting the process for judicial separation.
Now, formation of the judicial secretariat remained under active consideration of the ministry, which will be visible soon, the circular said adding that separate judicial secretariat would ensure independence of judiciary ending the existing dual administrative practice in posting, transfer, promotion and in the cases of granting leave of the lower court judges.
The circular also said that the preparations for enacting new law for appointing the judges in the higher court are going on in full swing.
Under the law, a proposal has been made for constitution of a 10-member ‘Judicial Appointment Council’ headed by the Chief Justice. Other members of the council would be- two most senior judges of the Supreme Court, most senior judge of the High Court division, a senior high court judge appointed from the lower judiciary, Attorney General, president of Supreme Court Bar Association, a professor from the law department of a public university nominated by the University Grants Commission (UGC) and two citizens’ representatives, the circular said.
*
Email *
Website
