Appellate Division Stays High Court Ruling Ordering Independent Supreme Court Secretariat
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The Appellate Division of the Supreme Court has stayed a High Court verdict that had mandated the establishment of an independent secretariat for the Supreme Court within three months. Chief Justice Zubair Rahman Chowdhury, presiding over a four-member bench, issued the order on Tuesday, effectively pausing the implementation of the lower court’s directive. The court has scheduled a full hearing for the appeals related to the case for June 16.
The legal battle stems from a High Court ruling delivered on September 2, 2023, following a writ petition filed by seven lawyers. In that judgment, the High Court had declared Article 116 of the existing Constitution unconstitutional and void, arguing that it conflicted with the foundational principles of judicial independence. The court had ordered the creation of a separate, autonomous secretariat to insulate the judiciary from executive influence.
বিজ্ঞাপন
The ongoing controversy involves complex constitutional interpretations, leading the High Court to issue a certificate under Article 103, which allows for a direct appeal. The legal proceedings have become increasingly complicated following the enactment of the Supreme Court Secretariat (Repeal) Act in April, which effectively dissolved the secretariat that had been established by an interim government ordinance in late 2025. Following the passage of this law, the Ministry of Law and Justice issued orders reassigning judicial officers who had been attached to the now-repealed secretariat.
The state moved to appeal the High Court’s original judgment, requesting a stay on its implementation until the final disposal of the case. Similar appeals were filed by ‘Sushasoner Jonno Nagorik’ (SHUJAN) editor Badiul Alam Majumdar and senior lawyer Ahsanul Karim, both of whom sought to protect the existence of the secretariat and challenge the validity of the repeal law.
বিজ্ঞাপন
During Tuesday’s proceedings, Attorney General Md. Ruhul Quddus Kajol represented the state, while the petitioners were represented by senior lawyers Mohammad Shishir Monir and Karishma Jahan. The Appellate Division bench has now consolidated these appeals, instructing all parties to submit concise summaries of their arguments before the scheduled June 16 hearing.
At the heart of the dispute is Article 116, which governs the control and discipline of lower court judges. While the current constitutional provision grants the President the authority to manage judicial promotions, transfers, and discipline in consultation with the Supreme Court, the High Court’s 2023 ruling advocated for a return to the 1972 Constitution’s version of the article. That version placed the control of the subordinate judiciary exclusively under the Supreme Court, a structure the High Court argued should be reinstated to ensure the judiciary’s total independence from the executive branch.
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