Code for Judges: Govt to seek more time for notification

The government may seek more time from the Supreme Court for issuing a gazette notification on the rules determining the discipline and code of conduct of lower court judges, although the apex court on several previous occasions expressed dissatisfaction at the government's failure to do so.

The judiciary was officially separated from the executive in November 2007 but the conduct rules for lower court judges are yet to be finalised.

The government drafted the conduct rules and sent those to the SC for its opinion. The court revised the draft in light of the 1999 verdict in the separation of judiciary case.

The Appellate Division of the SC is set to hold a hearing on the issue on Monday.

Talking to The Daily Star, Law Minister Anisul Huq yesterday said, “We will of course issue the gazette notification on the rules. But we may seek 10 to 15 days from the Supreme Court as we need the honorable president's approval in this regard.”

About the Supreme Court Bar Association (SCBA) president's claim that the government sought 67 time extensions from the apex court, the law minister said, “Let them count the number of occasions the government sought time from the Supreme Court. We don't count it.”

SCBA President Zainul Abedin, also a BNP leader, on May 2 told a press conference that the apex court gave many orders to issue the gazette notification, but the government already sought 67 extensions of time from the apex court.

“Taking time proves that the government doesn't want the judiciary to work independently,” he said.

About the SCBA president's remark, Attorney General Mahbubey Alam told this correspondent that the recent activities of pro-BNP lawyers were “damaging the judiciary”.

During a hearing on the case, the SC on April 4 expressed dissatisfaction at the non-issuance of the gazette notification.

Chief Justice Surendra Kumar Sinha on that day said they [judges] get hurt when the government refers to the president, who is respected and acceptable.

On March 28, the SC expressed discontent at the government for seeking more time for issuing the gazette notification.

The same day, the attorney general submitted an application to the SC, saying: “The ministry of law, justice and parliamentary affairs expects that necessary steps will be taken by the honourable president in respect of the proposed rules within four weeks.”

On December 12 last year, the SC said the president was misinformed about the issuance of the gazette notification.

It came up with the observation a day after the law ministry issued a notification saying that the president decided not to issue a separate gazette notification on the conduct rules.