The Supreme Court yesterday blasted nine government officials for distorting its orders on separation of the judiciary and questioned the government's sincerity in this respect.
The nine appeared in person before the full bench of the Appellate Division headed by Chief Justice Syed J R Mudassir Husain and sought unconditional apology for having doctored the court order.
"The court also questioned the sincerity of the government regarding separation of the judiciary. There is a lack of sincerity in the matter," the chief justice observed.
The officials were served with contempt notice for attending an inter-ministerial meeting on November 1 that changed the Supreme Court's draft rule regarding the service of judicial officers.
Before this, the cabinet committee had already approved the rule that was also sent to the president through the prime minister for gazette notification.
The bureaucrats at the November 1 meeting inserted some opinions that offended the court
The court yesterday observed that the president and parliament were supposed to use their wisdom to amend the draft rules that the court made. Instead, the bureaucrats audaciously poked their nose into the matter.
The court wanted to know who is responsible for forming the inter-ministerial committee.
Advocate TH Khan, counsel for seven of the nine officials, said the officials did not wittingly convene the meeting, rather a letter from the Prime Minister’s Office on October 27 to the establishment ministry
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prompted them to hold the meeting. Khan also read out the letter before court.
The court asked him to read out different government files on separation of the judiciary and then came down heavily on the government.
"We never wanted any confrontation. A year ago a case on contempt of court was filed over separation of the judiciary. This is still pending. But if a quarter wants to divert the separation to other directions, court as the guardian will see to it," the court noted.
The court repeatedly wanted to know who had authorised these nine officials to change the court directives. Referring to the minutes of the official meeting on November Lit asked, "How could you interpret that the magistrates are not part of the judiciary?”
The court belongs to the country and so does the government. But, because of the unwarranted interference of bureaucrats, the separation of judiciary is being delayed. The court has been sincere all through and will see the end of this matter, the judges said.
TH Khan submitted that the separation is a matter of process that Is in progress. This is not mere mathematical calculations that could instantly be completed. "We are progressing step by step..."
The court retorted that if progress was being made step by step, it would have been finished by now. But the progress resembles the fabled climbing up the slippery bamboo pole.
It added the government has formed the Judicial Service Commission, but it has not yet formed the Judicial Pay Commission, neither has it amended the Criminal Procedure Code (CrPC) to make it effective.
The counsel tendered unqualified apology to court on behalf of his clients who are seven officials of the ministries of finance and establishment He argued that his clients are small fries.
The court said it needs to be
made certain about who arc small fries and who are not Apology is not the remedy. "How dare they distort the Supreme Court judgement and orders on separation of the judi-ciary," the court asked in disgust.
TWo law ministry officials of the nine were represented by Advocate Khandker Mahbubuddin Ahmed. The counsel said his clients had given their note of dissent against the November 1 decisions.
The court pointed out that their very presence at such a meeting is an offence.
Attorney General AF Hassan Ariff told court that they had sent two amended drafts on separation of the judiciary to parliament and the president The letter from Prime Minister's Office created misunderstanding among the nine officials.
Dr Kamal Hossain and Barrister Amir-UI Islam were present at court to argue for separation of the judiciary.
The officials who appeared before court are Lokman Hakim, joint secretary, Badrul Alam Tarafdar, joint secretary, Mohammad Abdur Rab Hawladar, Joint secretary, Mohamad Abul Kalam Azad Chakladar, deputy secretary and Khalilur Rahman, senior assistant secretary of the establishment ministry; Shafiqul Islam Talukdar, deputy secretary, and Mohammad Harunur Rashid, senior assistant secretary of the law ministry; Mohammad Fazlul Haque, deputy secretary of the cabinet division, and AKM Motaleb Hossain, deputy secretary of the finance ministry.
Hearing of the matter resumes at 9:00am today.
The Supreme Court on November 29 in a rule asked the nine government officials to explain why contempt proceedings should not be drawn against them for distorting its directives on separation of the judiciary. The hearing of the proceeding was scheduled for yesterday.