The interim government has overhauled several colonial-era laws to improve access to justice, but legal experts say that true judicial independence remains elusive without a Supreme Court secretariat.
Although the government on October 23 approved in principle the draft Supreme Court Secretariat Ordinance, 2025, experts fear further delay as bureaucrats reportedly oppose the judiciary鈥檚 separation from the executive.
The draft now awaits opinions from the finance and public administration advisers before being placed again for final approval at the Council of Advisers meeting.
Legal experts have urged the government to publish the draft ordinance and seek public opinion on the structure and functions of the proposed secretariat to ensure transparency and accountability.
Bangladesh Judicial Service Association president Amirul Islam, also a district judge, said that the Supreme Court鈥檚 draft ordinance reserves 75 per cent of the Law and Justice Division posts, including that of the law secretary, for judicial officers鈥攅ven after the secretariat鈥檚 formation.
He, however, said that the administrative cadre opposed this, arguing that judicial officers should not hold cadre posts once the judiciary is separated from the executive.
He also said that the draft empowers the chief justice to control the Supreme Court鈥檚 budget, but the finance ministry objected to it, insisting on keeping budgetary control through block allocations.
High Court鈥檚 special officer Md Muajjem Hussain, who is also a media spokesman,聽 said that the prominent point in ensuring the independence of the judiciary, as highlighted in the chief justice鈥檚 roadmap, has yet to be achieved, as a secretariat is yet to be established in the light of the draft by the Supreme Court.聽聽
The interim government remains committed to establishing an independent judiciary in line with the reform commission鈥檚 recommendations and the spirit of the youth-led 2024 July uprising, said attorney general Md Asaduzzaman.
He said that it had taken several measures in line with the roadmap outlined by the chief Justice, the reports of the Judicial Reform Commission, the Constitution Reform Commission and the National Consensus Commission.
Retired district judge Md Masder Hossain, known for his role in the landmark Separation of the Judiciary case, said that many of the 12 directives issued by the Appellate Division, including the pay scale for subordinate courts, had yet to be implemented.
The judiciary was officially separated from the executive by the military-led interim government on November 1, 2007, based on a 12-point directive issued by the Appellate Division in 1999.
Masder Hossain, a member of the Judiciary Reform Commission, expressed disappointment that the interim government鈥攍ike its predecessors鈥攆ailed to establish the Supreme Court secretariat, blaming resistance from executive bureaucrats who oppose an independent judiciary.
He also raised concerns about its proposed structure, warning that the executive may still influence its operations through representation on the governing committee.
Supreme Court Bar Association president AM Mahbub Uddin Khokon called for publishing the draft Supreme Court Secretariat Ordinance, 2025, publicly so that stakeholders can provide feedback. He said that the secretariat should have full authority over finances, appointments, postings, promotions, and discipline, without any executive involvement.
The government and the Supreme Court have taken a series of major reform steps to strengthen judicial independence, accountability, and efficiency following the 2024 mass uprising.
As part of the broader reform agenda, the interim government released the full reports of six state reform commissions on October 3, 2024, in the first phase of its reform programme.
Under the chief justice鈥檚 leadership, key initiatives were launched to strengthen judicial independence.
These include appointment of Supreme Court judges through the seven-member Supreme Judicial Appointment Council under which the president, for the first time, appointed 25 additional High Court judges in August 2025.
The president earlier appointed two Appellate Division judges under the Supreme Court Appointment Ordinance, 2025, passed by the interim government.
Supreme Court lawyer Mohammad Shishir Manir said that there was no legal obstacle now to ensure judicial independence following the government鈥檚 latest move.
He said that the next government must show the political will to complete the process.
He also plans to challenge the Bangladesh Supreme Court Judges (Remuneration and Privileges) Act, 2021 seeking a directive from the High Court to give the Supreme Court Secretariat power to raise judges鈥� pay instead of that of the parliament.
Restoring the Supreme Court鈥檚 full control over the transfer, promotion, and discipline of judges leaves the government with no choice but to form the secretariat under the Supreme Court, said legal expert Shahdeen Malik.
He added that the existing 1,700 judges are insufficient to clear the huge case backlog and stressed the need for more staff, training, and administrative experience before the secretariat begins operation.
Key achievements include a circular preventing the transfer of judicial officers before completing three years in a post, and another directing the construction of new civil and criminal courts at the district level.
The Code of Criminal Procedure has been extensively amended to safeguard citizens鈥� rights during arrest and detention, incorporating directives from landmark Supreme Court and High Court verdicts in the Bangladesh Legal Aid Services Trust vs Bangladesh case.
A new section 46A of the CrPC now requires law enforcers to wear nameplates, show identity cards, and identify themselves during arrests, as well as notify a family member within 12 hours if the arrest occurs outside the home. Police must also arrange medical checkups for detainees, allow access to lawyers, and prepare a memorandum of arrest for submission to the magistrate.
Supreme Court lawyer Sara Hossain, who fought legal battle in the Supreme Court to prevent arbitrary arrests, detention and remand, welcomed the long-delayed judicial reforms, saying previous political governments had stalled them to control the judiciary and law enforcers for their own interests.
She said that the judiciary鈥檚 subordination to the executive before July 2024 had undermined justice and violated fundamental rights, including the right to life and personal liberty.
Sara said that true separation of the judiciary by establishing the secretariat is essential to protect these rights.
Section 54 now bars preventive arrests and requires police to explain the grounds for any arrest.
Section 167 limits police remand to 15 days in one case, ensuring the right of the accused to defence if shown arrested in another case.
On the chief justice鈥檚 recommendation, the government also started appointing defence lawyers through the National Legal Aid Services Organisation and revised the Judicial Service Formation Rules to allow direct appointments to district courts, ending the practice of judges hiring their own staff.
A proposal has been placed to create 232 new posts in subordinate courts and to secure a 30 per cent judicial allowance, following the chief justice鈥檚 initiative.
The Supreme Judicial Council has been reinstated following an Appellate Division verdict, which resolved three pending complaints and removed eight of 12 judges accused of misconduct under the previous regime. A hotline has been launched for reporting corruption by judges and court staff. Judges have also been recognised under a separate district judicial cadre, and a coordination system between the law ministry and the Supreme Court is being developed for judicial postings.
Courts can now assist or refer cases for arbitration through the National Legal Aid Services Organisation.
By amending section 498, courts can impose dope tests or social service as bail conditions.
A new section 540A allows courts to waive the personal appearance of accused persons during investigations to prevent harassment.
For the first time, a 60-day deadline has been fixed to complete investigations under section 173B.
The scope of summary trials has been widened for offences involving goods worth up to Tk 5 lakh, allowing verdicts in a single sitting under section 264A.
A new section 339B allows faster trials of absconding accused without prior property confiscation. Notices will now be published in a Bangla newspaper and on the official website instead of two national papers.
Together, these reforms aim to make the judiciary more independent, transparent, and responsive to citizens鈥� rights and access to justice.
Imran Abdullah Siddiq, a former member of the Constitution Reform Commission, said the interim government should act quickly to establish the secretariat, warning that a future political government might delay or avoid the move.
Imran called on the chief justice to focus on ensuring greater access to justice and reducing harassment and inefficiency in the judicial process through joint initiatives of the bench and bar.
