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SC disposes of govt appeal over disputed Warrant of Precedence

The Supreme Court on Tuesday disposed of the appeal filed by the government against the High Court judgment over state-level hierarchy –Warrant of Precedence (WoP) — restoring the Chief Justice’s position as number three along with the Speaker from number four in 1986.Emerging from the court, M Asad Uzzaman,the counsel for the writ petitioner, said this while briefing reporters on the verbal substance of the apex court judgment.

Earlier, a five-member Appellate Division Bench of the Supreme Court, headed by Chief Justice M Muzammel Hossain, had passed its order saying, “The appeal is disposed of with some modifications, observations and findings.”

According to advocate Asad, the judges of the Appellate Division will be upgraded to the position of the full minister instead the state minister while judges of the High Court get the status of the state minister.

Since the Attorney General, the chief government law officer, holds the constitutional post, his position will be above,all secretaries of the Republic while the
position of the Member of Parliament (MP) will be above the Cabinet Secretary, chiefs of the three services and Principal Secretary.

As the district judges head the subordinate courts, their position will be the upgraded one equivalent to Secretary of the Republic. On February, 2010, the High Court declared illegal the Warrant of Precedence (WoP) and ordered reshuffling the state hierarchy with constitutional post-holders and district judges placed above the military chiefs.

On December 14, 2006, the High Court,following a Public Interest Litigation (PIL) writ petition filed by district judge M Ataur Rahman, also former secretary- general of Bangladesh Judicial Service Association,issued a rule upon government to explain why the revised Warrant of Precedence should not be declared having been made‘without lawful authority’.

Posted from Advocate Shoaibur Rahman Shoaib

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