Lawyers have two types of statements regarding the attachment of 15 judges of the abolished Supreme Court Secretariat to the ministry
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There have been two types of statements regarding the attachment of 15 officers (judges) of the defunct Supreme Court Secretariat to the Law and Justice Department of the Ministry of Law. Mohammad Shishir Monir, senior lawyer of the writ petitioners, said that this is contempt of court. On the other hand, BNP’s legal affairs secretary, senior lawyer M Badruddoja Badal said, “This is a normal process. Because, since the Ordinance (Supreme Court Secretariat Ordinance) has not been converted into law.’
Senior lawyer M Badruddoja Badal said this while talking to reporters in his chamber located in the Supreme Court Bar Association building on Wednesday afternoon. Earlier, Shishir Monir made the remarks in a briefing in front of the extended building of the High Court Division.
বিজ্ঞাপন
Earlier on Tuesday, the Ministry of Law issued an office order regarding the attachment of 15 officers to the Law and Justice Department. It is said that in consultation with the Supreme Court, the members of the Bangladesh Judicial Service (15 judges) have been attached to the Law and Judiciary Department for posting to the appropriate posts as per the May 19 memorandum of the Judiciary Branch-3. It is mentioned in the office order that they (15 judges) are to be accepted on a case-by-case basis. April 10 is mentioned in the office order as the date of receipt of application form.
Earlier, after the final hearing of a writ petition filed by seven lawyers, the High Court gave its verdict on September 2 last year. Among the notable directions of the judgment was the order to establish a separate independent secretariat for the Supreme Court within three months.
বিজ্ঞাপন
After the judgment of the High Court, the interim government issued an ordinance titled ‘Supreme Court Secretariat Ordinance, 2025’ on November 30 last year. The Supreme Court Secretariat was inaugurated on December 11 of the same year. The full judgment of the High Court was published on April 7. And the government party rejected the opposition party’s objection and passed the ‘Supreme Court Secretariat (Abolition) Bill’ in the National Parliament on April 9.
In this regard, after the publication of the full verdict of the High Court, the Attorney General said that they will appeal against the verdict. On the other hand, seven lawyers filed a writ in the High Court on April 19 regarding the validity of the Supreme Court Secretariat (Repeal) Act. The next day the writ came up on the docket of the court. After the hearing that day, the court adjourned the hearing of the writ for the time being.
Senior lawyer Mohammad Shishir Monir made a statement today after the office order to attach 15 judges of the Supreme Court Secretariat to the Ministry of Law. He is the counsel for the separate writ petitioners seeking the establishment of the Supreme Court Secretariat and the validity of the Supreme Court Secretariat (Repeal) Act.
Shishir Monir, in a briefing on the attachment of 15 officials from the Supreme Court Secretariat to the Law Ministry, said, “What the government did last night, it is serious… contempt of court. In this secretariat, 15 officers have been assigned to the Ministry of Law, starting with the one who was given the responsibility of Secretary. In view of the situation, it seems that the government wants to create a conflict with the judiciary.
Stating that the direction of the High Court Division (Establishment of Secretariat) is still upheld, Shishir Monir said that the pending writ (regarding the Supreme Court Secretariat (Abolition) Act) will come up for hearing after June 7. The Attorney General gave a verbal assurance to the court that day (April 20) and the court said that their desire is not to destroy the secretariat within this period….The government has not shown any respect to this wish.’ He also said that the court will file a contempt petition tomorrow Thursday.
BNP’s legal affairs secretary, senior lawyer M Badruddoza Badal said that the judicial officers who were assigned to the Supreme Court Secretariat through the gazette yesterday, have been attached to the Ministry of Law. This is the normal process. As the Ordinance was not enacted into law, it was not passed by Parliament; So how do they function? So naturally they will be attached to the ministry. If attached, they will be posted in different places later.
This does not mean that all doors are closed for the independence of this separate secretariat or the judiciary—noting that Badruddoza Badal said, ‘Because, the BNP has a say on the independence of the separate secretariat or the judiciary or the separation of the judiciary, the BNP is a major stakeholder. There was no BNP representative in the previous committee. As a result, the statements made by BNP did not come. As a result, BNP feels that the ordinance (Supreme Court Secretariat Ordinance) was not comprehensive.
Badruddoza Badal said, “So now BNP will bring it in the form of a comprehensive bill in the parliament and it will be fully effective. There is no reason to worry about this. I don’t think anyone needs a different comment about it.’
Badruddoza Badal said in response to the question whether it is contempt of court or not, “Why should there be contempt of court?” Because, it (Supreme Court Secretariat Ordinance) has not been passed in Parliament…. BNP has not said that it will not do it. BNP said it will examine it and bring the matter in the form of a bill later in such a way that there is no debate on it later. So there is no contempt of court here.
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