SC Stays 2018 Verdict on Service Rules for Judges

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The Appellate Division on Sunday stayed the effectiveness of its 2018 judgment that had approved the controversial service discipline rules for lower court judges.

A six-member bench, led by Chief Justice Dr Syed Refaat Ahmed, also granted leave to appeal against the earlier verdict endorsing the rules.

As a result, there is now no legal bar to the ongoing High Court hearing on a writ petition concerning Article 116 of the Constitution, said lawyer Mohammad Shishir Monir.

Attorney General A.M. Amin Uddin appeared for the state during the hearing.

Earlier on June 26, the court set June 29 for delivering its verdict on the review petition against the 2018 judgment. On that day, Shishir Monir argued in favour of the review while the Attorney General opposed it.

Speaking to reporters after the order, Shishir Monir said the 2018 rules were imposed by the then acting Chief Justice in a way that undermined judicial independence. “Nine judges had previously delivered different orders on this matter. The government, through the judiciary, forced the gazette on lower court judges’ service rules—an unprecedented move in judicial history,” he said.

He added that the review petition was filed with the court’s permission for urgent consideration.

The dispute over judges’ service rules stems from the Masdar Hossain case verdict of December 2, 1999, where the Appellate Division issued 12 directives to ensure judicial independence, including the separation of the judiciary from the executive. This historic verdict was upheld in 2005.