Appellate Division stays HC order for separate SC secretariat

Appellate Division stays HC order for separate SC secretariat

The Appellate Division has stayed a High Court order that directed the government to establish a separate independent secretariat for the Supreme Court within three months. The apex court also set June 16 for full hearing of the appeal against the HC ruling, stating that the HC order will remain stayed until the appeal is disposed of.

The Appellate Division bench led by Chief Justice Zubayer Rahman Chowdhury passed the order on Tuesday, June 9.

Attorney General Md Ruhul Quddus Kazal represented the state, while Advocate Mohammad Shishir Monir appeared for the writ petitioners.

The hearing on the appeal against the full verdict began on Tuesday morning. The state had filed an appeal against the HC ruling on May 21. The 185-page HC verdict was published on April 7. The bench of Justice Ahmed Sohel and Justice Debashish Roy Chowdhury had delivered the verdict on September 2 last year.

In its verdict, the High Court had declared Article 116 of the Constitution — which gives the President control over magistrates serving in subordinate courts (including posting, promotion and leave) — unconstitutional. Consequently, the authority over magistrates' control and discipline was vested in the Supreme Court. The court also struck down the 2017 Judicial Service (Discipline) Rules for subordinate courts.

On August 25, 2024, seven Supreme Court lawyers filed a writ petition challenging Article 116 of the Constitution and the validity of the 2017 Judicial Service (Discipline) Rules, seeking directives to establish a separate secretariat for the judiciary. The High Court issued a rule on October 27 that year.