DHAKA, Sept 26, 2024 (BSS) – Former district judge Masdar Hossain, one of the petitioners of the much talked-about case seeking separation of the judiciary from the executive, met Chief Justice Syed Refaat Ahmed.

Public Relations Officer of the Appellate Division of the Supreme Court Md Shafiqul Islam today issued a press release in this regard. 

The release said, on December 2, 1999, a verdict handed down by the Appellate Division in the Masdar Hossain case opened the door to the separation of the judiciary by considering the judges of the country’s subordinate courts as a separate service rather than as members of the civil service. 

Incumbent Chief Justice Syed Refaat Ahmed’s father late Barrister Syed Ishtiaq Ahmed was one of the lawyers of the famous case, it added.

According to the release, during the meeting with the Chief Justice, Masdar Hossain reminisced about the contribution of Barrister Syed Ishtiaq Ahmed in moving the case on behalf of the judges of the country’s subordinate courts.

He said Barrister Ishtiaq moved the case without any remuneration. Members of Bangladesh Judicial Service gratefully remember his unique role in operating the case.

Masdar Hossain said the separation of the judiciary was not implemented due to the lack of willingness of the then political government, even though the blueprint for the separation of the judiciary was prepared through the verdict of the Masdar Hossain case. 

He said Barrister Ishtiaq wanted to see the implementation of the verdict in his lifetime.

Masdar Hossain pointed that the roadmap of implementing the verdict of separation of the judiciary was outlined in the address of the Chief Justice on September 21.

He thanked the Chief Justice and expressed the hope that the separation of the judiciary would finally be implemented by him (Chief Justice).

The verdict of the Masdar Hossain case was given on December 2, 1999, but the subsequent political governments did not implement it.
 
The caretaker government formed on January 11, 2007 established the separate Bangladesh Judicial Service Commission by amending the Code of Criminal Procedure and enacting the Judicial Service Commission Rules, 2007 to separate the judiciary from the executive.

Chief Justice Syed Refaat Ahmed outlined a roadmap for the separation of the judiciary along with establishing a separate secretariat for the judicial service on September 21 while he was addressing all judges, lawyers and judicial officials from across the country at the Inner Garden of the Supreme Court here.