The interim government on Thursday finally gave green signal to establish a separate secretariat for the judiciary under the Supreme Court after approving the draft of the Supreme Court Secretariat Ordinance 2025.
The approval came from a meeting of the council of advisers held with chief adviser Muhammad Yunus in the chair at the Chief Adviser鈥檚 Office in the capital鈥檚 Tejgaon.
After the meeting, law adviser Asif Nazrul at a press briefing at the Foreign Service Academy said, 鈥榃e are completing the full implementation of the Masdar Hossain case verdict by establishing a separate secretariat for the judiciary.鈥�
He said that an ordinance would be issued within a week and through this move the aspirations of the Bangladeshi people for the past 20鈥�30 years would be fulfilled.
鈥楾oday is a historic day for us. Many political parties have given many assurances, many words. Ultimately,聽 we have now come to a good stage,鈥� he added.
In 1995, Masdar Hossain, the then secretary general of the BCS Judicial Association, along with his colleagues, filed a case demanding the judiciary be freed from the influence of the executive branch.
In 1999, the Appellate Division of the Supreme Court delivered the final verdict in the case stipulating the establishment of an independent judiciary.
Twenty-six years after that verdict, the government has approved the establishment of a separate secretariat for the judiciary.
At the briefing, the law adviser also said that the gazette for the 鈥楽upreme Court Secretariat Ordinance 2025鈥� would be issued next week.
He said, 鈥楾he establishment of a separate secretariat for the Supreme Court was also recommended by the Judicial Reform Commission. All political parties expressed support for this during discussions with the National Consensus Commission.鈥�
Once the ordinance comes into effect, all matters relating to the transfer, promotion, disciplinary issues, leave, and recruitment of the lower court judges will be handled by the Supreme Court Secretariat.
Only judges engaged in judicial duties will remain under the control of the Supreme Court Secretariat, he also said.
However, judges performing administrative duties elsewhere 鈥� such as in the Election Commission, Anti-Corruption Commission, Judicial Administration Training Institute, and Law Commission 鈥� will remain under the law ministry.
Asked when the decision would be fully implemented, the adviser said, 鈥榃e hope the secretariat will become fully operational within a few months.鈥�
He also pointed out that the financial management or financial independence of the lower courts would be ensured through the Supreme Court secretariat.
Regarding approval of judiciary projects, he said, 鈥楩or any project approval, there will be a scrutiny committee led by the Supreme Court Secretariat. The committee will examine the proposed projects and then send them to another committee headed by a judge of the Appellate Division for recommendations.聽
鈥業f the estimated cost of a recommended project is less than Tk 50 crore, the chief justice will approve it but if the cost exceeds Tk 50 crore, the chief justice will present the project to an ECNEC meeting via the Planning Commission,鈥� he said Asif Nazrul.
He also said that all expenditures made by judges of the High Court, along with Secretariat-related expenses, would be charged to the consolidated fund.
When the government approves the budget for the High Court, the High Court will have complete independence over budget management, he added.
Responding to a question from a journalist about the progress of the law regarding the referendum, Asif Nazrul said that the process was moving fast.
鈥榃e are going to enact the referendum law very soon. You can assume that it will be done within the next three or four working days,鈥� he said.
Just a week earlier, in an address to the nation, chief adviser Muhammad Yunus announced that a referendum on the July Charter would be held on the same day as the 13th Jatiya Sangsad election.
He said that voters would answer 鈥榊es鈥� or 鈥楴o鈥� to four specific questions in the referendum.
However, the government is required to pass a separate law to conduct the referendum as the constitution does not contain any provision for referendums.
