Staff Correspondent:

The High Court on Tuesday observed that the Supreme Court, not the president, will have the powers of control and discipline of the lower court judges from now on.

The court restored the original provision of article 116 of the constitution of 1972 that had empowered the Supreme Court to decide on the posting, promotion and leave of lower court judges.

The HC also directed the government to establish a separate secretariat for the judiciary in three months.

The bench of Justice Ahmed Sohel and Justice Debashish Roy Chowdhury delivered the verdict following a writ petition challenging the legality of article 116 of the constitution, which gives the powers of control and discipline of the lower court judges to the president.

Following the same petition, another HC bench on October 27 last year, issued the rule questioning the legality of article 116 of the constitution.

Article 116 says, “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 Supreme Court.”

In the rule, the HC asked the respondents (law secretary and SC registrar general) to explain why the provisions of article 116 of the Constitution and the Bangladesh Judicial Service (Disciplinary) Rules, 2017 should not be declared contradictory to the constitution and why they should not be directed to establish a separate judicial secretariat at SC premises.

The HC came up with the rule following the petition filed by 10 SC lawyers in this regard. They are Mohammad Saddam Hossen, Md Asad Uddin, Md Muzahedul Islam, Md Zahirul Islam, Mustafizur Rahman, Shyikh Mahdi, Abdullah Sadiq, Md Mizanul Hoque, Aminul Islam Shakil and Jayed Bin Amjad.