Dhaka, June 29 (V7N) — The Appellate Division of the Supreme Court has stayed the order issued by former Acting Chief Justice Abdul Wahhab Miah regarding the adoption of the disciplinary code for lower court judges.

A six-member appellate bench led by Chief Justice Dr. Syed Refaat Ahmed announced the decision on Sunday morning. The verdict follows a hearing on June 27, during which the Appellate Division reserved its decision.

Lawyer Mohammad Shishir Monir represented the petitioners during the hearing, while Attorney General Md. Asaduzzaman appeared for the state.

The stayed order originated from a directive by then Acting Chief Justice Abdul Wahhab Miah, who had approved the long-debated gazette of the service disciplinary code for lower court judges. However, before the gazette could be published, former Chief Justice Surendra Kumar Sinha raised objections and returned it to the Law Ministry for reconsideration.

The issue is rooted in a longstanding legal battle over the independence of the judiciary. In 1994, a decision to downgrade the salary grade of subordinate court judges led to widespread discontent. A writ petition was filed by 218 judges, including then District Judge and Judicial Association Secretary General Masdar Hossain, challenging the decision.

On November 19, 1995, the High Court issued a rule questioning the validity of downgrading judges’ salary grades and their inclusion in the BCS cadre. The High Court subsequently ruled in favor of judicial independence in 1997.

The state appealed the decision, leading to a landmark December 2, 1999 verdict by the Appellate Division, which directed the separation of the judiciary from the executive branch and issued 12-point guidelines. The verdict was reaffirmed in 2005, but the implementation of key elements, including the disciplinary code, has remained entangled in legal and administrative disputes.

The Appellate Division's stay order signals that further deliberations are expected before the disciplinary code for lower court judges can proceed.

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