Judges' transfer and posting policy finalised

The Supreme Court has finalized the transfer and posting policy for judges in the judicial courts. According to the policy, no judge will be allowed to serve in the same position for more than three years. It is expected that the policy will be published in the form of a gazette notification later this January.

Sources from the Supreme Court stated that the policy for the transfer and posting of judges in subordinate courts has been finalized following discussions with the Ministry of Law. The draft policy, initially prepared by the Supreme Court, was made available on its official website. Judges of the Bangladesh Judicial Service, including district and sessions judges or equivalent, were invited to submit their written opinions on the draft by November 7, 2024, to the Registrar General's office of the Supreme Court.

On September 21, Chief Justice Syed Refaat Ahmed addressed the subordinate court judges and announced a roadmap for judicial reforms. He highlighted the absence of any formal policy for the transfer and promotion of judges, which often led to inequalities. The Chief Justice had assured that a comprehensive policy would soon be formulated to address these issues.

According to Supreme Court Registrar General Aziz Ahmed Bhuiyan, the finalized policy stipulates that no judge in a judicial court will serve in one position for more than three years. However, in exceptional cases, if the Chief Justice deems that transferring a judge holding a specific responsibility may disrupt judicial administration, the judge may be allowed to serve for an additional year. In subordinate courts, the tenure for judges in magistrate courts will not exceed one year.

The draft also outlines that judges will be transferred alternately between civil and criminal courts without exceptions. Judges cannot be transferred or posted to the same workplace repeatedly, with a maximum of two postings in the same workplace permitted throughout their careers. If a judge is promoted within six months of joining a new workplace, they may continue in the same workplace provided there is a vacancy. However, no judge can be transferred to the same district more than three times during their career.

The policy includes general guidelines for judges' transfers:

1. No judge will be transferred to a post that is not vacant.

2. Judges cannot be transferred to a workplace where their immediate family members (spouse, parents, in-laws, siblings, or grandparents) are practicing lawyers.

3. Judges owning more than 10% of agricultural or non-agricultural land in a district cannot be posted there.

4. If both spouses are judges, they will be given priority for posting in the same workplace.

5. The transfer process will be completed by the third week of November each year.

6. Deputation for subordinate court judges will not exceed three years.

The policy also aligns with the Chief Justice’s directives under Article 109 of the Constitution to ensure proper supervision and control by the High Court Division over subordinate courts and tribunals. The finalized Judicial Transfer and Posting Policy, 2024 aims to address these objectives. Stakeholders submitted their written feedback to the Supreme Court by December 15, 2024. Now, only the official gazette notification remains.