Published: 12:27 AM, 23 April 2026
Writ petition filed to restore Supreme Court Secretariat
Lawyer Mahmudul Hasan has filed a writ petition seeking a final ruling on key constitutional questions related to judicial independence and the establishment of a separate Supreme Court Secretariat.
According to the petition lodged on Wednesday, the law repealing the 2025 ordinance on the Supreme Court Secretariat places control under the executive division. This, it claims, contradicts article 116 of the constitution, which vests control over judicial service in the Supreme Court.
The petitioner relies on the landmark Masdar Hossain case, which establishes that an independent administrative structure is essential for an independent judiciary. The executive, the petition says, is constitutionally bound to support that structure.
It further argues that failure to ensure a separate secretariat risks undermining the separation of powers and can create institutional conflict between the judiciary and the executive departments.
The petition also raises concern over ongoing executive actions, including disciplinary steps against judicial officers under rules already declared unconstitutional by the High Court. Such actions, it says, interfere with judicial authority.
Referring to the High Court judgement, the petitioner notes that it involved 'substantial questions of law' relating to constitutional interpretation. On that basis, the Appellate Division is urged to give a final and authoritative decision.
The petition says that without clear directions from the apex court, uncertainty will continue over how the judiciary should be administered independently.A
