Draft law to set up separate Secretariat for Supreme Court cleared

Bangladesh Supreme Court building.

Dhaka, Nov 20 – The interim government on Thursday cleared the draft of the Supreme Court Secretariat Ordinance 2025, to set up a separate secretariat of the higher court, aiming to ensure the full independence of the judiciary.

The approval came from a meeting of the council of advisers held with Chief Adviser Prof Mohammad Yunus in the chair at the Chief Adviser’s Office.

Briefing reporters at the Foreign Service Academy, Law Adviser Asif Nazrul said this ordinance was given the final approval in the meeting of the Council of Advisers.

“You can say that today we have completed the full implementation of the verdict in the Masdar Hossain case and the final step for establishing the full independence of the judiciary,” he said.

Asif Nazrul said the civil society has been harbouring a desire for establishment of a separate secretariat for the Supreme Court for the last 20-30 years in a bid to ensure the complete independence of the judiciary.

“Today is a historic day for us. Many political parties have given many assurances, many words. Ultimately, we have now come to a good place,” he said, adding that the Council of Advisers had earlier approved this proposed law in principle.

Establishing a separate secretariat for the Supreme Court was among the recommendations of the Judicial Reforms Commission, and also among the recommendations of the National Consensus Commission, he said.

“All the parties agreed (during the discussions of the National Consensus Commission) that there should be a separate secretariat for the Supreme Court to establish the full independence of the judiciary,” said the law adviser.

Under the draft ordinance, the Supreme Court Secretariat will take over the control of lower court judges, including appointments, transfers, promotions, disciplinary matters, and leave-related issues. Previously, these responsibilities were handled by the Ministry of Law in consultation with the Supreme Court, he said.

However, judges and officials of the judiciary who are serving in administrative roles outside lower courts — such as in the Election Commission, Anti-Corruption Commission, Judicial Administration Training Institute, Law Commission, and ministries — will remain under the administrative control of the Law Ministry.

“Only the lower court judges’ administrative and disciplinary matters will now be handled by the Supreme Court through its secretariat,” said Asif Nazrul.

He said the proposed law also ensures the judiciary’s financial independence. A Project Assessment Committee, led by a justice of the Appellate Division, will recommend development projects. Projects costing up to Tk 50 crore will be approved by the Chief Justice, while projects above Tk 50 crore will require the approval of the Executive Committee of the National Economic Council (ECNEC).

Replying to a question, Asif Nazrul said it might take a month or two to fully establish the secretariat, which will be set up, including the design of its organogram, under the Chief Justice’s guidance.

Referendum Law Soon:

The law adviser also said the government would soon formulate a referendum law, expected within the next three to four working days.

About the Appellate Division’s judgment to reinstate the caretaker government system, he said the system would be revived right at this moment but it will be effective after the upcoming parliamentary election.

In line with the Supreme Court’s directives, the caretaker government will be formed within 15 days of the dissolution of the next parliament, he said.

Chief Adviser’s Press Secretary Shafiqul Alam said there were eight agenda for the meeting of the Council of Advisers and the Supreme Court Secretariat Ordinance 2025 was the most important among the agenda.

He said the Council of Advisers also gave the final approval to the draft of Agricultural Land Use and Protection Ordinance 2025 in a bid to safeguard farmlands and promoting efficient crop production amid rising population pressures.

The proposed law focused on the environmental protection of sensitive areas such as wetlands, forests, hills, and coastal regions and designing zoning maps over the land uses.

Besides, the meeting in principle approved the draft of Human Trafficking and Smuggling Prevention Ordinance 2025, with measures to freeze bank accounts and seize assets of those who were involved in trafficking as well as restrict foreign travel for them.

The press secretary said though Bangladesh Telecommunication (Amendment) Ordinance 2025 was placed before the Council of Advisers, but it was sent back for further consultation.

The council also discussed the import policy but it was sent back to the ministry concerned for further consultation, said Shafiqul Alam. - UNB