Amidst discussions on safeguarding judicial independence, the central issue revolved around whether Bangladesh was ready to relinquish control over the administrative mechanisms governing the courts. The unveiling of the exhaustive ruling in Writ Petition No. 10356 of 2024 sheds light on this critical question. While the judgment was issued in September 2025, the complete 185-page document was released on April 7, 2026. This significant ruling was handed down by Justice Ahmed Sohel and Justice Debasish Roy Chowdhury. Notably, the High Court emphasized in the full text that the consultative arrangement outlined in the amended Article 116 of the constitution had lost its efficacy, stressing the imperative need for a separate secretariat for judicial operations. The court directed relevant authorities, including the government and the law ministry, to establish an independent secretariat within three months.
The publication of this comprehensive judgment, with its reprimands, findings, and directives, comes at a critical juncture for the government and parliament. Recently, a parliamentary special committee recommended the repeal of the Supreme Court Secretariat Ordinance, 2025, with the law minister presenting a repeal bill. However, the establishment of the secretariat was already in progress, under the leadership of then Chief Justice Syed Refaat Ahmed. The government’s potential repeal could disrupt the operationalization of the secretariat, creating a significant void. The contentious issue surrounding the ordinance underscores its gravity.
In essence, the ordinance closely aligned with the High Court’s ruling, incorporating key constitutional provisions aimed at separating the judiciary from the executive branch. Notably, the ordinance vested control of the secretariat in the chief justice and granted budgetary autonomy, reflecting the essence of judicial independence. Despite these progressive steps, the ordinance fell short of fully aligning with the constitutional standards reinstated by the recent judgment. The High Court’s directive to dismantle the dual governance system underscores the need for a clear separation of powers between the Supreme Court and the law ministry, emphasizing judicial autonomy.
The way forward entails realigning the existing secretariat rather than abolishing it entirely. The judgment serves as a constitutional mandate, emphasizing the need for an independent secretariat. The parliament must acknowledge the groundwork laid by the ordinance and redirect efforts towards enhancing the existing framework, rather than reverting to previous structures of ministry control. Preserving the positive aspects of the ordinance, such as chief justice-led oversight and budgetary autonomy, is crucial in upholding judicial independence.
In conclusion, upholding the judiciary’s autonomy requires a strategic approach, ensuring continuity and reform within the legal framework. The parliament must reconsider the repeal bill and align it with the constitutional standards outlined in the recent judgment. Maintaining a functioning secretariat under a revised legal framework is pivotal in upholding the principles of judicial independence and constitutionalism in Bangladesh.
