Court Correspondent :
Chief Justice Surendra Kumar Sinha on Sunday told Attorney General Mahbubey Alam that the judiciary is having enough patience.
At the beginning of the hearing, the Chief Justice said, “What was fixed on the last date ? It was supposed to hold a discussion. Who will participate in the discussion ?” In reply, the Attorney General said, “Law Minister.”
The Chief Justice said, “All the judges of the Appellate Division. Even you did not discuss with us?” He also said, “You spoke many things on media. But tell the reverse in the court. Not you single, I’m telling for you all. You tell what and when will be? You are creating storm on media. Are we making any comment?”
The attorney general said, “No, you didn’t do.”
He also said addressing the Attorney General during the hearing in the Masdar Hossain case, “You’re causing the storm. Have we said anything to breed the storm? Pakistan’s Supreme Court disqualified the country’s Prime Minister. There was no discussion or criticism. We’re having patience, enough patience. I’ll only say we need more maturity.”
The Chief Justice made the comments against the backdrop of debate over the Supreme Court’s observations made in its verdict that declared illegal the 16th amendment to the Constitution.
Earlier, the attorney general placed a petition before the Appellate Division bench, led by the Chief Justice, seeking further time to issue a gazette notification on the disciplinary rules and code of conduct for the sub-ordinate court judges.
After the petition was filed, SK Sinha said, “On the last date, we called for sitting in discussion over the gazette notification but you didn’t even discuss the matter.” In reply, Mahbubey Alam said, “What can I do about the policymaking affairs?”
Later, the Chief Justice said, “You say one thing to the media and another to the court. Now tell me when we’ll fix the next date. All of you will sit.” At one stage, the attorney general said “an unstable situation has been created with all. A storm has started taking place.” In reply, SK Sinha said, “We aren’t making any comment. You’re doing everything.”
Later, the apex court allowed the government until October 8 to issue a gazette notification on the rules determining discipline and conduct of lower court judges.
The judiciary was officially separated from the executive in November 2007 but the disciplinary rules for the lower court judges are yet to be formulated.
On December 2, 1999, the Supreme Court, in a landmark verdict in the Masdar Hossain case, issued a 12-point set of directives to the government, which included framing of disciplinary and appeal rules and code of conduct for the trial court judges.
On May 7, 2015, the Law Ministry sent a draft of the rules to the Supreme Court which is similar to the Government Servants (Discipline and Appeal) Rules 1985.
Later, the Supreme Court had amended the draft in light with the 7-point Masdar Hossain case verdict which cited about formation of the lower court judges code of conduct and asked the Law Ministry to issue a gazette notification, after incorporating the amendments.
