The Supreme Court has proposed creating a separate secretariat for the judiciary to make it truly independent and effectively separate it from the executive.

This will end the control of the Justice Department over the lower courts, mentions the proposal that the SC administration forwarded to the Justice Department yesterday.

The proposal was sent with a concept paper describing the need and objectives for a separate secretariat.

The separation of the judiciary has not been possible over the years because the political parties in power never really wanted it, the newspaper reads.

A draft organizational chart of the secretariat was annexed to the proposal drafted by Chief Justice Syed Refaat Ahmed.

If approved, the Law Ministry will take steps to set up the new secretariat and appoint a secretary, deputy secretaries and other officials, SC special official Muajjem Hussain told The Daily Star.

Currently, the Ministry of Justice serves as the secretariat of the judiciary and can therefore intervene in the recruitment, transfers and promotions of lower court judges, he explained.

If a separate secretariat is established, the power of recruitment, transfer and promotion of lower court judges will return to the SC, Muajjem added.

When contacted, Law and Justice Division Secretary Sheikh Abu Taher said the proposal had been forwarded to legal advisor Asif Nazrul.

Legal counsel could not be reached for comment on the matter.

On September 21, Chief Justice Syed Refaat Ahmed, in a speech before lower court judges, said he would take steps for the establishment of a separate secretariat for the judiciary.

Supreme Court lawyers have long demanded a separate secretariat for the judiciary.

Before the proposal was sent to the Justice Department yesterday, opinions from judges in the appellate divisions and the High Court were sought, officials said.

Although Bangladesh is a constitutional democratic state, there are limits to implementing the principle of separation of powers and ending the tendency of the executive branch to interfere in the judiciary, the concept reads .

“The manifestation of a culture based on the rule of law and constitutional obligations has been seriously affected since independence. Article 22 of our constitution declares the separation of the judiciary and the executive as a fundamental principle of the ‘State’, we can read.

“In the era of globalization, the application and practice of the principle of separation of powers…in the democratic state structure to limit the absolute powers of the executive or government is well known.”

In a modern state, if the three organs are not separated, the coherent implementation of the constitution faces obstacles. “As a result, on the one hand, the need to maintain a fair balance of powers between different state departments is disrupted, and on the other hand, the democratic foundations of the state as a whole are weakened.”

“The highest court of Bangladesh, in the judgment of Civil Appeal Case No. 79/1999, better known as Masdar Hossain Case, of the Appellate Division of the Supreme Court has opened the path to the separation of the judiciary and the executive by creating a One of the fundamental foundations of the separation of powers set out in the judgment is the creation of a separate secretariat for the judiciary. , the question of institutionalizing judicial separation has been raised several times. The best effective way to separate the judiciary is to establish an independent judicial secretariat. It is for this reason that, in its judgment, the Court. Supreme Court envisaged the creation of a separate secretariat for the judiciary by completely abolishing the joint jurisdiction of the judiciary Ministry of Justice and the Supreme Court in the application of the current dual rule according to which recruitment, transfer, transfer. discipline, etc. judges of subordinate courts constitute an important complement to the separation of powers.

In the context of the unforgettable mass uprising of July and August, this is the best time to ensure true independence of the judiciary by implementing the Masdar Hossain case verdict, the concept asserts.

“The first step in this effort is to establish a separate judicial secretariat, completely independent of the executive branch. It is only possible to establish the rule of law through effective, impartial and quality judicial work in our country by creating a separate judicial secretariat.

“In Article 109 of our Constitution, the power of supervision and control of all subordinate courts and tribunals has been delegated to the High Court Division of the Supreme Court of Bangladesh. At present, the Registry of the Supreme Court of Bangladesh provides secretarial support to the Supreme Court and High Court Division in the management and control of various cases of the subordinate courts. But this supervision and control of the High Court Division is not absolute, because in the existing structure, the High Court Division exercises its powers of supervision and control after receiving various proposals relating thereto. to the subordinate courts of the Ministry of Justice. But under Article 109 of our Constitution, the supervision and control of subordinate courts and tribunals is the exclusive prerogative of the High Court Division. Therefore, the creation of a separate judicial secretariat is essential for. the proper implementation of this constitutional obligation.

“Furthermore, the scope of work of the Supreme Court Registry has been increasing at a rapid pace due to various reasons including increasing number of cases, administrative activities of the Supreme Court of Bangladesh and increasing number of judges of subordinate courts In view of this context, it became necessary to create a separate secretariat.