In a landmark judgment, the High Court (HC) on Tuesday restored the authority of the Supreme Court over the control and discipline of subordinate court judges.
It also directed the government to create a separate secretariat for the judiciary within the next three months.
A High Court division bench comprising Justice Ahmed Sohel and Justice Debasish Roy Chowdhury delivered the verdict, declaring the rule absolute and striking down the amendment to Article 116 of the Constitution, thereby restoring its original (1972) provision.
The HC on 13 August 2025, had fixed today for pronouncing the judgment after concluding the hearing of the case.
Advocate Mohammad Shishir Manir appeared for the writ petitioners, while Attorney General Asaduzzaman represented the state. Senior lawyer Sharif Bhuiyan made submissions as amicus curiae (friend of the court), and lawyer Ahsanul Karim argued as intervener.
On 25 August 2024, seven Supreme Court lawyers filed a writ petition challenging the validity of Article 116 of the Constitution and the Judicial Service (Discipline) Rules, 2017, and seeking a directive for establishing a separate secretariat for the judiciary.
The petitioners were Mohammad Saddam Hossain, Zahirul Islam, Mostafizur Rahman, Abdullah Sadik, Mizanul Haque, Aminul Islam Shakil and Zayed Bin Amjad.
On 27 October 2024, after the preliminary hearing, a High Court bench comprising Justice Farah Mahbub (currently a Judge of the Appellate Division) and Justice Debasish Roy Chowdhury issued a rule.
The court asked why Article 116 of the Constitution and the 2017 Judicial Service (Discipline) Rules should not be declared inconsistent with the Constitution. It also asked why a separate judicial secretariat should not be established.
The court directed two secretaries of the law ministry and the registrar general of the Supreme Court to reply to the rule. The registrar general was also asked to submit a progress report within 60 days regarding the establishment of a judicial secretariat.
On 25 March 2025, Justice Farah Mahbub was elevated to the Appellate Division. Later, the chief justice assigned the case for hearing and disposal to a HC bench comprising Justice Ahmed Sohel and Justice Debasish Roy Chowdhury.
After several days of hearing from both sides, the bench had fixed today (2 September) for delivering the verdict.
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