The Appellate Division on Sunday stayed its March 1, 2018 order that upheld the Bangladesh Judicial Service (Disciplinary) Rules 2017, framed during the Awami League regime.
The 2017 rules were criticised for reducing the Supreme Court鈥檚 authority over the disciplinary control of lower court judges.
The six-member full bench led by chief justice Syed Refaat Ahmed passed the stay order.
The court also allowed eight Supreme Court lawyers, including Saddam Hossen, to file an appeal seeking a review of the 2018 order.
Their petition challenged the legality of the disciplinary rules on grounds that they contradict the constitutional principle of the separation of powers.
Later, attorney general Md Asaduzzaman told 抖阴精品 that the stay order would not disrupt the ongoing administrative activities related to the appointment, promotion, transfer and discipline of lower court judges.
He added that the full court would reexamine the rules framed during the Awami League regime.
Lawyer Shishir Manir said that the stay would allow the High Court Division to proceed with a pending writ petition filed by Saddam Hossen.
The writ petition challenged the current form of Article 116 of the constitution and sought restoration of full judicial control over subordinate courts, as outlined in the 1972 constitution.
The petition also prayed for a directive to the government to establish a separate secretariat under the Supreme Court to oversee the affairs of lower court judges.
On May 15, lawyer Saddem Hossen filed the review petition with the Appellate Division.
Chamber judge Justice Md Rezaul Haque later fixed for a full court hearing.
Shishir Manir argued that the Government Servants (Discipline and Appeal) Rules 1985 had failed to reflect the principles laid down in the landmark Masdar Hossain judgment.
That verdict had emphasised full judicial independence and required the judiciary to frame its own disciplinary rules.
Following this, the Supreme Court drafted its own rules and asked the law ministry to publish them.
However, disputes emerged between the then chief justice Surendra Kumar Sinha and the law ministry over the final content of the rules.
This conflict led to Justice SK Sinha going on forced leave and resigning from abroad on October 13, 2016.
Eventually, the law ministry published the Bangladesh Judicial Service (Disciplinary) Rules 2017 through a gazette on December 11, 2017.
The petitioners now argued that these rules deviate from the Masdar Hossain directives.
According to the 2017 rules, disciplinary actions against lower court judges are decided by the president in consultation with the Supreme Court but are implemented by the law ministry.
Shishir contended that this setup allowed executive interference in judicial matters and compromised the independence of the judiciary.
