DHAKA, 27 February 2005 — The Supreme Court yesterday set fresh deadline of March 15 for the government of Prime Minister Khaleda Zia to finalize the rules as per the 12-point directives of the highest Appellate Division to separate judiciary from the executive in Bangladesh.
The full bench of the Appellate Division comprising Chief Justice Syed J.R. Mudassir Husain and five other judges also ordered the government to submit to the court before March 15 the copies of finalized rules, which have been sent to President Dr. Iajuddin Ahmed for approval.
The court also expressed annoyance over the government’s dilly-dallying tactics in implementing the directives of the court in separating the judiciary from the executive.
It also reprimanded the government as it did not submit proper documents on the draft rules framed as per the directives of the Appellate Division.
“About six months elapsed after the government had sought time for complying with the directives given by the court. The purpose of the government seeking time has been fulfilled. We do not want to be a part of the falsehood and we will not tolerate it since a lie brings other lies,” the court observed.
The court asked Additional Attorney General A.J. Mohammad Ali representing the government in the court how much time the government would need to separate the judiciary.
“Take time for the entire year of 2005 or the eternity — is it a separation or hide and seek? Separation and division of judiciary are not the same. Examining the papers submitted by the government, the court thinks the government wants to divide the judiciary, not separate it.”
A.J. Mohammad Ali submitted before the court that the government was committed to separating the judiciary from the executive and necessary steps would be taken as soon as possible to issue the rules.
He said the government would submit required papers on the proceedings in implementing the court’s directives before the court in the next hearing.
“Will the government implement the Supreme Court’s directives as per the wisdom of the president or Khalilur Rahman (a senior assistant secretary)? Don’t separate the judiciary from the executive as per the theory made by Khalilur Rahman,” the court said.
Khalilur Rahman is one of nine senior government officials against whom the Appellate Division has issued a contempt rule for distorting the judgment of Masdar Hossain vs. Bangladesh case popularly known as judiciary separation case.
A.J. Mohammad Ali replied that the government was working hard to implement the directives of the Supreme Court but it (government) needs time for doing it.
