Chief justice Surendra Kumar Sinha. File Photo
Chief justice Surendra Kumar Sinha on Sunday said the judiciary has kept enough patience.
“Here is your petition. We, the judiciary, have kept patience, kept enough patience,” the chief justice told senior jurist M Amir-ul Islam during the hearing on finalising the code of conducts for the lower court judges.
At this stage, the chief justice referred to the Pakistan Supreme Court’s order that removed country’s prime minister and said, “[I] will only say that we need further maturity.”
The full six-strong Appellate Division bench headed by the chief justice fixed 8 October to issue the next order in this regard.
Earlier on 6 August, the Appellate Division gave the government time until 20 August to finalise the code of conduct for lower court judges and the matter was produced before the court today, Sunday, as a follow-up.
At the beginning of the hearing, the attorney general placed a petition for extending the time again.
SK Sinha said it was said during the last hearing that there will be a discussion. “But with whom?”
In response, the attorney general replied, “The law minister.”
Senior judge of the Appellate Division Md Abdul Wahhab Miah said, “With all judges of the Appellate Division.”
Chief justice said, “A discussion was supposed to be held. You didn’t even discuss the matter.”
Attorney general asked, “What can I do about the policy-making affairs?”
Sinha said, “You [all] would a lot in the media, but would speak differently in the court. I am not telling you, rather speaking of you all.”
Addressing the attorney general, the chief justice said, “Tell me. When will I fix the date? You all will sit together.”
At one stage, the attorney general said, “A surge has cropped up centring on all things.”
Sinha replied, “We’re making no comments. You [all] are doing everything. When do you want the next date?”
Mahbubey Alam said, “One week after the vacation.”
Chief justice said, “We are fixing the date as per your demand. We fixed 8 October.”
At this stage, one of the key counsellors of the Masdar Hossain case Amir-ul Islam stood up for placing his arguments over framing judges’ code of conducts and the chief justice told him, “Here is your petition. We, the judiciary, have kept patience, kept enough patience. Pakistan Supreme Court has…, [I] will only say that we need further maturity.”
The judiciary was officially separated from the executive in November 2007 but the disciplinary rules for the lower court judges are yet to be formulated.
On 2 December 1999, the SC, in a landmark verdict in the Masdar Hossain case, issued a 12-point set of directives to the government, which included framing of disciplinary and appeal rules and code of conduct for trial court judges.
On 7 May 2015, the law ministry sent a draft of the rules to the Supreme Court which is similar to the Government Servants (Discipline and Appeal) Rules 1985.
Later, the SC had amended the draft in light of the 7-point Masdar Hossain case verdict which cited about formation of the lower court judges code of conduct and asked the law ministry to issue a gazette notification, after incorporating the amendments.
This is for the 22nd time since October 7, 2016, the government sought time for publishing the rules for lower court judges.
Source: Prothom Alo