BSS
  05 Feb 2025, 17:18
Update : 05 Feb 2025, 17:47

JRC wants Supreme Judicial Council to have spontaneous power to probe allegations against judges

The Judiciary Reform Commission (JRC) handed over a summary of the JRC's report to Chief Adviser Professor Muhammad Yunus at the State Guest House Jamuna in Dhaka today. Photo: PID

 

DHAKA, Feb 5, 2025 (BSS) - The Judiciary Reform Commission (JRC) has proposed to give enough authority to the Supreme Judicial Council to probe the allegations against judges spontaneously even without receiving any request from the President and make recommendations of taking necessary actions in this regard.

The proposal was made in the summary of the report of Judiciary Reform Commission, which was handed over to Chief Adviser Professor Muhammad Yunus by JRC members led by its chief Justice Shah Abu Naeem Mominur Rahman at the State Guest House Jamuna here today.

The commission also suggested giving priority to the decision of the chief justice in fixing the number of judges at both the divisions of the Supreme Court and formulating provision to appoint senior-most judge as the chief justice at the Appellate Division.

The apex court on October 20, 2024, reinstated the Supreme Judicial Council to remove apex court judges for incapacity or violating the code of conduct as the Appellate Division disposed of a plea to review its judgment that had declared the 16th constitutional amendment illegal.

Proposal was also made for devising and subsequently publishing a code of conduct for people holding positions who cannot be removed except through the procedures applicable for the Supreme Court judges and former judges, officially by the Supreme Judicial Council.

The JRC also proposed to enact an act to form a "Supreme Court Judge Appointment Commission" consisting of nine members, headed by the Chief Justice, to appoint Supreme Court judges in the most transparent process possible.

It recommended amending the article 116 of the Constitution and establishing a separate Supreme Court Secretariat, to bring full control of the Supreme Court over the transfer, promotion, leave and disciplinary matters of the judges of the subordinate courts, ending the executive authority. The JRC also proposed to amend the relevant rules of the Judicial Service Commission.

Chief Justice Syed Refaat Ahmed on October 27 sent a proposal to the Ministry of Law, Justice and Parliamentary Affairs, recommending establishing a separate secretariat for the judiciary.

Supreme Court administration on that day said the Chief Justice had earlier made the proposal in his speech on September 21 last year while addressing all judges, lawyers and judicial officials from across the country at the Inner Garden of the Supreme Court here.

Chief Justice Refaat Ahmed in his speech had emphasized establishing a separate secretariat on an urgent basis under the Supreme Court for true independence of the judiciary, saying it would be the first step for the reform in judiciary.

After the establishment of the judicial secretariat, the chief justice said, one of the tasks to bring about qualitative change in the judiciary would be to ensure the appointment of judges on the basis of merit, honesty and efficiency, going beyond personal liking and disliking.