Appellate Division Suspends HC Verdict on Independent Supreme Court Secretariat

The Appellate Division of the Supreme Court on Tuesday stayed a High Court verdict that had instructed the government to establish a separate and independent secretariat for the Supreme Court within three months.

A bench headed by Chief Justice Zubayer Rahman Chowdhury also set 16 June for hearing the appeal challenging the High Court judgment.

The stay will remain effective until the appeal is finally disposed of.

Attorney General Md Ruhul Quddus Kazal represented the state, while Advocate Mohammad Shishir Manir appeared on behalf of the petitioners.

The government filed the appeal on 21 May against the High Court verdict, the full 185-page judgment of which was released on 7 April.

In its ruling, the High Court declared unconstitutional the provision of Article 116 of the Constitution that vested the President with authority over the control and discipline of magistrates serving in subordinate courts, including matters related to postings, promotions and leave. The court transferred that authority to the Supreme Court and also struck down the Judicial Service (Discipline) Rules, 2017.

The writ petition was filed in August 2024 by seven Supreme Court lawyers, who challenged the legality of Article 116 and sought the creation of a separate judicial secretariat to enhance the independence of the judiciary.