LOWER COURT JUDGES’ DISCIPLINARY RULES

SC extends deadline further

Staff Correspondent | Published: 00:34, May 09,2017 | Updated: 01:37, May 09,2017

 
 

The government on Monday got time for one more week to publish the disciplinary rules for the lower court judges in the official gazette.
It was for the 14th time that the government received extension of time from the Appellate Division to give validity to the disciplinary rules by printing them in the official gazette.
But the government, for sitting on the disciplinary rules since August last year, drew severe scolding from the apex court at a brief hearing held by a five-judge bench chaired by Chief Justice SK Sinha.
As attorney general Mahbubey Alam stood and prayed for another two weeks’ time on behalf of the law ministry to complete the task, the Chief Justice bluntly pointed out, ‘It seems to us that Bangabhaban or Ganabhaban are located at several lakh miles away from the Supreme Court’.
The Chief Justice told the attorney general that since in last two years and a half years the rules were not given effect it raises the doubt whether it would be done in next 2,500 years.
He said that the distance between the Supreme Court and Bangabhaban or Ganabhaban seems to be several lakh miles, that is much greater than the distance between New-York and Tokyo.
The disciplinary rules for the subordinate court judges has been pending since 1999 when the apex court gave 12 directive to separate lower judiciary from the executive branch.
On April 4, a seven-judge bench of the apex court granted time until May 8 to the law ministry to notify the disciplinary rules in the gazette.
At that time, the attorney general was warned no more extension of time would be allowed.
The attorney general was also asked to explain why the disciplinary rules were on the hold on the excuse that they were yet to get the president’s assent.
Once the disciplinary rules are in place the lower judiciary would come out of the law ministry’s control, said lawyers.
The rules would bring the subordinate courts under the Supreme Court’s control, they said.

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