The Appellate Division on Wednesday accepted the lower court judges’ conduct rules as notified by the government in the official gazette.
The apex court said that the newly published conduct rules upheld the Supreme Court’s primacy regarding the lower courts.
A five-judge bench chaired by acting Chief Justice, Justice Md Abdul Wahhab Miah, accepted the newly notified rules for the subordinate courts.
The apex court said that the Masdar Hossain case, from which the issue of lower court judges’ conduct rules originated, would always command the issue.
The bench said, on reading the lower court judges conduct rules in the gazette they were found to have upheld the Supreme Court’s primacy and ‘We have accepted it.’
The court also said that the government had appealed for the withdrawal of some observations made by the Appellate Division in its order of August 28, 2016.
It said that the observations became infructuous, and, therefore they stand abandoned after the rules had been formulated
The matter is, therefore, disposed of for the time being, said the apex court.
At the outset of the day’s hearing, attorney general Mahbubey Alam submitted that the government on December 11, 2017, as per the SC’s August 28, 2016 direction, published lower court judges’ conduct rules in the gazette.
The lower judiciary was separated from the executive in November 2007.
On December 2, 1999, the Supreme Court directed the government to formulate separate disciplinary rules for the lower court judges.