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Judicial Service formed

Staff Correspondent
The government Wednesday issued a gazette notification on the Bangladesh Judicial Service heralding its formation in a crucial step towards separating the judiciary from the executive.
Law Minister Moudud Ahmed recently said the separation of the judiciary in line with a 12-point directive of the Supreme Court will be complete by December, but it is likely to take much longer as the government has not taken a number of steps.
The Office of Attorney General has already sought four more months to fully implement the directives, a plea the Supreme Court turned down and set November 29 to hear the matter.
Of the 12-point court directives, the government is yet to finalise three sets of rules and amend the Criminal Procedure Code (CrPC).
Wednesday's gazette notification now places about 800 judicial officers, including district judges, additional district judges, joint district judges, district and sessions judges and assistant judges, under the new judicial service in accordance with the court directives.
Until now, their appointments were placed under the Public Service Commission (PSC). However, the Judicial Service will not function right away, as the government will have to put in place relevant rules and regulations to make it effective.
Since 1999 when the Supreme Court declared appointment of judges through the PSC illegal, there had been no appointment of new judges to the lower court. The court had directed the government to form the Judicial Service and make all new appointments through a Judicial Service Commission instead of the PSC.
The government formed the seven-member Bangladesh Judicial Service Commission on February 25 led by Appellate Division Judge MM Ruhul Amin. Now with the new Judicial Service, the Commission will be able to make newappointments.
The Judicial Service Commission will begin the process of appointment of judges in the lower judiciary by placing advertisements in newspapers.
The commission already recommended appointment of 50 assistant judges who were selected by the PSC through the 22nd Bangladesh Civil Service examinations.
About 200 vacancies are there in the lower judiciary.
The remaining three sets of rules and the amendment to the CrPC are still at draft stage, law ministry sources said. The three rules are the Bangladesh Judicial Service (Constitution, Recruitment, Suspension, Dismissal and Removal) Rules, the Bangladesh Judicial Service (Posting, Promotion, Leave, Control, Discipline and other Service Conditions) Rules, and the Bangladesh Judicial Service (Pay Commission) Rules.