Judiciary getting non-cooperation: BD CJ

Judiciary getting non-cooperation: BD CJ

SAM Staff,
Chief Justice Surendra Kumar Sinha. Star file photo

Bangladesh Chief Justice Surendra Kumar Sinha on Sunday said the judiciary was becoming dysfunctional due to non-cooperation from the law ministry.

He asked Attorney General Mahbubey Alam to convey this to the government for a solution.

“We say many things in the open court during the proceedings, but some of them are misinterpreted. The judiciary is not against the government. It [judiciary] always delivers order and verdict in the interest of protecting law and order,” the chief justice said.

He made the comment while presiding over a seven-member bench of the Appellate Division of the Supreme Court during the hearing of three government petitions seeking stay on the High Court verdict that declared unconstitutional the rules under which executive magistrates run mobile courts.

The apex court bench, however, extended until July 2 its chamber judge’s order that stayed the HC verdict, clearing the way for the executive magistrates to run mobile courts until July 2.

It adjourned the hearing on the petitions until July 2 and asked the government to file three separate leave-to-appeal petitions with this court against the HC verdict within this period.

Delivering a verdict on three writ petitions on May 11, the HC declared unconstitutional the rules under which executive magistrates run mobile courts. It also observed that empowering executive magistrates with judicial powers is “a frontal attack on the independence of the judiciary and is violative of the theory of separation of powers”.

On May 14, the government filed three separate provisional leave-to-appeal petitions with the SC seeking stay on the HC verdict.

Following the government petitions, the apex court the same day stayed the HC verdict and sent the petitions to its full bench for their hearing.

16th Amendment Hearing: Don’t make political arguments

The Supreme Court asked on Sunday, the lawyers concerned not to make any political arguments before it during the hearing on the appeal against the High Court verdict that scrapped the 16th amendment of the constitution.

The 16th amendment had empowered parliament to remove judges for incapacity or misbehaviour. Following a writ petition filed by nine Supreme Court lawyers, the HC on May 5 last year declared the amendment illegal.