Staff Reporter:
The Appellate Division of the Supreme Court on Tuesday stayed a High Court ruling that had directed the government to establish a separate and independent secretariat for the Supreme Court within three months.
A bench led by Chief Justice Zubayer Rahman Chowdhury also fixed 16 June for hearing the appeal filed against the High Court verdict.
The stay order will remain in force until the appeal is disposed of.
Attorney General Md Ruhul Quddus Kazal represented the state, while Advocate Mohammad Shishir Manir appeared for the petitioners.
The state filed the appeal on 21 May against the High Court verdict, whose full 185-page judgment was published on 7 April.
In its ruling, the High Court had declared unconstitutional the provision of Article 116 of the Constitution that vested in the President the authority over the control and discipline of magistrates serving in subordinate courts, including postings, promotions and leave. The court transferred that authority to the Supreme Court and also scrapped the Judicial Service (Discipline) Rules, 2017.
The writ petition was filed in August 2024 by seven Supreme Court lawyers, who challenged the validity of Article 116 and sought the establishment of a separate judicial secretariat to strengthen judicial independence.