Differing interpretations of the constitution and the 12-point Supreme Court guideline on separation of judiciary has cast doubt over the government move to set up a unified judicial service.

There has been a strong opposition from the BCS administration cadres against the proposed judicial service.

The government plans temporary assimilation of BCS (administration) and BCS (judiciary) cadres for the mooted judicial service. The BCS administration cadres argue that the constitution provides for a separate service structure for them.

To work out the differences, the cabinet committee has invited representatives from both administration and judiciary cadres to a meeting tomorrow. "We will listen to both," said Law Minister Moudud Ahmed.

The concept of a unified judicial service is a major component towards separation of judiciary.

However, with both administration and judiciary cadres arguing on their own interpretation of different constitutional provisions, the process, which has gathered momentum in recent times, looks set to hit yet another snag.

Now, the government is seriously considering the option of seeking

the Supreme Court's explanation of these articles.

Should that happen, the government would be compelled to seek a fresh deadline to implement the court's 12-point guideline. The seven-month old government has already sought deadline extensions five times in this regard.

However, a highly placed source said that the government would go for a unified judicial service anyway. Till the service is established, a temporary sub-cadre would be formed to accommodate judicial magistrates, the source added.

Meanwhile, the cabinet committee on separation of judiciary met

yesterday but failed to reach a decision on a unified judicial service.

Chaired by Industries Minister MK Anwar, the meeting was participated by LGRD Minister Abdul Mannan Bhuiyan, Law Minister Barrister Moudud Ahmed, Information Technology Minister Dr. Abdul Moyeen Khan and Land Minister M Shamsul Islam.

In its previous meeting, the committee decided that there would be a single judicial service.

But the administration cadre expressed its reservation about the unified service in a written statement. In retaliation the judiciary cadres filed their own written reservation about not having a unified judicial cadre at yesterday's cabinet committee meeting.

Both administration and judiciary cadres have started rallying for their demands separately when the government began the process to separate judiciary as per the Supreme Court instruction.

The administration cadre argues, inclusion of magistrates in the judicial service violates both the constitution and the Supreme Court instruction. The Supreme Court directive 49 (C) seeks separate appointment of magistrates.

The verdict said that administration cadre magistrates would be controlled by the Supreme Court advice as per article 116 of the

constitution when they are working as chief metropolitan magistrates (CMM) or district magistrates (DM) or additional district magistrates (ADM).

Again, when these magistrates would return to administrative posts, they would be controlled by laws promulgated by the parliament as per article 133 of the constitution. And they would be treated as executive magistrates.

The administration cadre demanded setting up of a separate service named judicial magistrate. Those who would be posted in judicial tasks in metropolitan areas, districts and upazila should be placed under the following designations -- judicial magistrate, senior judicial magistrate, joint judicial magistrate, chief judicial magistrate and chief metropolitan judicial magistrate.

"Our association will not accept any decision that goes out of the parameters set by the Supreme Court verdict," said DC of Dhaka Barrister Haider Ali who is also the secretary-general in charge of the BCS Administrative Association.

"Our stance is clear -- magistrates will oversee criminal cases. They have been doing it for 200 years and have developed an expertise. The judges will oversee civil cases. And both these groups would be placed under the Supreme Court. But the BCS Judiciary Association is demanding authority

over both criminal and civil cases by setting up one service. This violates the Supreme Court directive."

On the other hand, the judicial cadres demand that the magistrates would be placed under one single Judicial Service because they would be deployed for judicial tasks.

The association of judicial cadres argues that the constitution's article numbers 115, 116 and 116 (A) clearly mentions a judicial service. Ten out of the 12 Supreme Court directives also mention the judicial service. Thus, a separate service of judiciary violates the constitution and the Supreme Court verdict.

The BCS Judiciary Association further says the unified judicial service may have the provision of deputing magistrates for judicial tasks for interim period and then gradually withdraw them.