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'Independent judicial secretariat has to depend on ministry

Staff Correspondent
The Judicial Service Secretariat Ordinance 2008 for establishing an independent judicial secretariat triggered frustration among judicial officials as the ordinance keeps the law ministry’s 'control'over the new secretariat.
The council of advisers to the caretaker government on Sunday gave the final approval to the ordinance, which is now waiting to be promulgated by the president, sources said.
According to the ordinance, the judicial service secretariat headed by the chief justice must go through the
law ministry to contact the president and the prime minister regarding any matter related to the functioning of the secretariat.
It means the chief justice will not be allowed to communicate directly with the president or the prime minister regarding the secretariat's functioning.
Legal experts said the new ordinance is against the spirit of the judiciary's separation from the executive branch of government, with some of its provisions running counter to relevant articles in the country's constitution.
Article 116 of the constitu-
tion says the control including the power of posting, promotion and granting of leaves, of disciplining persons employed in the judicial service and the magistrates exercising judicial functions shall be vested in the president and shall be exercised by him in consultation with the Supreme Court.
Article 109 says the High Court shall have superintendence and control over all courts and tribunals subordinate to it
The legal experts said the new ordinance puts the law ministry in the way of the High Court's exercise of that power.
If the new secretariat was set up under the Supreme Court keeping the structure of Registrar's Office in place, effective control and supervision of lower courts and tribunals by the Supreme Court would be easy, the experts added. The law ministry's interference might hamper the new judicial secretariat's functioning, they feared.
Annoyed by the provisions in the new ordinance, Bangladesh Judicial Service Association, a platform of around 1,200 judicial officials across the country, scheduled an emergency meeting for today in the capital to discuss the situation including the law ministry's move to scrutinise the functions of the new secretariat, as it was drafted by the ministry.
The association already in a statement urged the government to scrap the ordinance.