Sayeed Muhammad
The government has issued a gazette notification on the disciplinary rules of lower court judges with the provision of the president’s authority to control them.A Law Ministry official confirmed the matter to several media outlets, including The Daily Star and Prothom Alo, saying that the ministry sent the gazette to Bangladesh Government (BG) Press for its publication yesterday afternoon.The draft gazette was forwarded to the president from the Prime Minister’s Office (PMO) on Thursday for his approval.Law Secretary ASM Zahirul HH Haque Dulal said the government has prepared the rules in line with the article 116 of the Constitution.
The article allows the president to control their postings, promotions and leaves in consultation with the apex court.The rules were sent to the PMO to forward it to the president on November 30.The Supreme Court (SC) on December 3 set December 10 as the deadline for the issuance of the gazette notification.According to Article 116, “The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the President and shall be exercised by him in consultation with the SC.” But, the same Article in the 1972 Constitution had authorised the SC to decide on the posting, promotion and leave of lower court judges.