Judges’ code of conduct: Pro-BNP lawyers for cancelation of gazette notification

The Supreme Court Bar Association, dominated by pro-BNP lawyers, today demanded cancellation of the gazette notification on the disciplinary rules for lower court judges by January 7 next year.

“The lower judges have been brought under the control of the government instead of the Supreme Court following the gazette notification issued on Monday,” SCBA President Advocate Zainul Abedin said.

He also urged that the government reissue another gazette notification determining the conduct and discipline of lower court judges in line with the SC directives in Masdar Hossain case, known as judiciary separation case, by January 7 next year.

Zainul, also a BNP leader, placed the demand while speaking to a press conference at the SCBA auditorium.

He also issued a threat that if the government does not respond to their demand, they will wage a movement after January 7.

He said the way the government has formulated the disciplinary rules is not only “beyond constitution” but also unexpected and unwarranted.

Under the constitution, the president will formulate the rules in consultation with the SC, but the law minister has discussed with the SC, he said, adding that the law minister cannot play the role of the president.

Barrister AM Mahbub Uddin Khokon, the SCBA secretary and a BNP leader, said the government has issued such a gazette notification in order to “bring the lower courts to its control”.

On the other hand, pro-Awami League SCBA leaders, led by its Vice President Md Ozi Ullah, at a press conference in front of the Bar president's office, said the statements of Zainul and Mahbub are "unexpected and unwanted".

Meanwhile yesterday, the SC fixed January 2 next year for hearing the Masdar Hossain case in which the issue of disciplinary rules for lower court judges is linked.

A four-member bench of the Appellate Division headed by Justice Md Abdul Wahhab Miah, who is performing functions of the chief justice, deferred the hearing to January 2 as one of its judges was not present in the court due to a personal difficulty.

Attorney General Mahbubey Alam told reporters that his office would submit the gazette notification to the apex court on January 2.