Staff Reporter :
Expressing resentment over the Law Ministry’s explanation about sending judges abroad without consultation with the apex court, Chief Justice Surendra Kumar Sinha said the ministry has misinterpreted it without having the clear idea about the law.
“If the ministry thinks it can order the Supreme Court, then it’ll be a mistake. Without having the clear idea about law, they’ve been creating gaps one after another. Don’t infuriate the judiciary,” he said.
He said while presiding over a bench of the Appellate Division for hearing the Mazdar Hossain case, popularly known as the Judiciary Separation case.
“A little learning is a dangerous thing…it’ll be a great mistake if it (Law ministry) gives the clarification of a law and claims it to be correct,” he said.
A Supreme Court bench, led by the Chief Justice, gave the government two weeks more to publish the gazette notification on the rules determining discipline and conduct of lower court judges.
On May 9, the Supreme Court issued a circular restricting foreign tour of 17 lower court judges. The circular said the Supreme Court was not consulted before sending them abroad.
Under the Supreme Court directives in the judgment of the Masdar Hossain case, it is mandatory for the government to take Supreme Court advice before sending lower court judges abroad.
Later, the Law Ministry issued a circular saying this was not applicable for the judges who are on deputation and the President has approved their tours.
However, a Supreme Court Bench, led by the Chief Justice, gave the government two weeks more to publish the gazette notification on the rules determining discipline and conduct of lower court judges.
On May 9, the Supreme Court issued a circular restricting foreign tour of 17 lower court judges. The circular said the Supreme Court was not consulted before sending them abroad.
Under the Supreme Court directives in the judgment of the Masdar Hossain case, it is mandatory for the government to take Supreme Court advice before sending lower court judges abroad.
Later, the Law Ministry issued a circular saying this was not applicable for the judges who are on deputation and the President has approved their tours.
