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Chief Justice Syed Refaat Ahmed has sent a proposal to the government for establishing a separate judicial secretariat to enhance independence and administrative transparency, especially for trial court judges.
The proposal was sent to the Ministry of Law, Justice, and Parliamentary Affairs on Sunday, according to a press release issued by the Supreme Court's Appellate Division.
In 2007, partial implementation of the landmark verdict in the Masdar Hossain case led to the separation of the judiciary from the executive reports bdnews24.com.
Although an ordinance was issued that year to effect this separation, no steps were taken towards establishing a separate judicial secretariat.
Since assuming office, Chief Justice Refaat has actively pushed for a separate secretariat for the judiciary.
On Sept 21, he assured lower court judges of his commitment to this initiative during an address at the inner garden of the Supreme Court’s main building.
Law Advisor Asif Nazrul, justices from both Supreme Court divisions, chairman of the Judicial Reform Commission and former Appellate Division justice Shah Abu Nayeem Mominur Rahman, Attorney General Md Asaduzzaman, and the president and secretary of the Supreme Court Bar Association were among attendees.
In his address, the chief justice laid out a roadmap for the judiciary, focusing particularly on judicial independence, autonomy, and institutional separation.
The press release said, “The chief justice will soon take steps to establish a separate secretariat for the judiciary. Following consultations with justices from both Supreme Court divisions, the proposal has been submitted to the Ministry of Law, Justice, and Parliamentary Affairs to establish a distinct judicial secretariat for the judiciary.”
The proposal references the 79/1999 civil appeal verdict by the Appellate Division of the Supreme Court, popularly known as the Masdar Hossain case. It argues that the case set a foundation for the principle of separation of powers in Bangladesh, pointing out that an independent judicial secretariat is fundamental for this separation.
It further says that past political governments’ reluctance has hindered the judiciary’s independence.
Given the context of July-August’s historic student-led protests, the present time is deemed ideal for implementing the Masdar Hossain verdict to establish true judicial independence.
“The first step in this endeavour is to create a fully independent judicial secretariat, separate from the executive, as it will allow Bangladesh to achieve a high standard of impartial and effective judicial processes, thereby upholding the rule of law,” the proposal says.
It elaborates on the necessity of a separate secretariat, saying: “According to Article 109 of the Constitution, the High Court Division holds exclusive authority over the supervision and control of subordinate courts and tribunals. A separate judicial secretariat is essential to fulfil this constitutional obligation effectively.”
The proposal also highlights that the increasing caseload and administrative responsibilities of the Supreme Court, along with the growing number of subordinate court judges, have considerably expanded the workload of the Supreme Court registry.
This expansion, it argues, underscores the urgency of establishing a separate judicial secretariat to manage these needs effectively.
“In sum, the establishment of a separate judicial secretariat is the only means to ensure true independence of the judiciary by facilitating transparency in the discipline, transfer, promotion, leave, and other matters related to subordinate court judges,” the proposal added.