Secretary, Ministry of Finance v Masdar Hossain (1999) 52 DLR (AD) 82 is a case of the Appellate Division of the Supreme Court of Bangladesh. The case concerned the separation of powers in Bangladesh. It is popularly known as the Masdar Hossain case.[1]
In 1995, a writ petition was filed by Masdar Hossain, a district judge,[2] on behalf of 441 other civil court judges. The petition put forward the following points:-
Chapter II of Part VI of the constitution ensured lower courts were separate from the executive.
Judges of lower courts could not be subject to an Administrative Tribunal of the executive.
The Dhaka High Court ruled in favor of the petition with a 12-point directive in 1997. The government appealed to the Appellate Division of the Supreme Court.
Judgementedit
In 1999, the Supreme Court reversed parts of the High Court ruling, but upheld the 12 point directive. It issued a further 12 point directive. The Supreme Court called for the formation of an independent judicial commission to select members of the judiciary, deal with matters of judicial salaries and manage discipline. The Supreme Court ruled that the constitution provided a framework for judicial independence.[3]
^"Secretary, Ministry of Government of Bangladesh Vs. Md. Masdar Hossain & others - The Lawyers & Jurists". Lawyersnjurists.com. 2011-05-03. Retrieved 2017-07-11.
January 01, 1970
secretary, ministry, finance, masdar, hossain, secretary, ministry, finance, masdar, hossain, 1999, case, appellate, division, supreme, court, bangladesh, case, concerned, separation, powers, bangladesh, popularly, known, masdar, hossain, case, courtsupreme, c. Secretary Ministry of Finance v Masdar Hossain 1999 52 DLR AD 82 is a case of the Appellate Division of the Supreme Court of Bangladesh The case concerned the separation of powers in Bangladesh It is popularly known as the Masdar Hossain case 1 Secretary Ministry of Finance v Masdar HossainCourtSupreme Court of BangladeshCourt membershipJudge s sittingChief Justice Mustafa Kamal Justice Latifur Rahman Justice Bimalendu Bikash Roy Choudhury Justice Mahmudul Amin Choudhury Contents 1 Facts 2 Judgement 3 Significance 4 See also 5 ReferencesFacts editIn 1995 a writ petition was filed by Masdar Hossain a district judge 2 on behalf of 441 other civil court judges The petition put forward the following points Including the judicial service under the executive branch s orders was ultra vires Chapter II of Part VI of the constitution ensured lower courts were separate from the executive Judges of lower courts could not be subject to an Administrative Tribunal of the executive The Dhaka High Court ruled in favor of the petition with a 12 point directive in 1997 The government appealed to the Appellate Division of the Supreme Court Judgement editIn 1999 the Supreme Court reversed parts of the High Court ruling but upheld the 12 point directive It issued a further 12 point directive The Supreme Court called for the formation of an independent judicial commission to select members of the judiciary deal with matters of judicial salaries and manage discipline The Supreme Court ruled that the constitution provided a framework for judicial independence 3 Significance editThe verdict led to the formation of the Bangladesh Judicial Service Commission It was implemented by Chief Advisor Fakhruddin Ahmed during the caretaker administration in 2007 See also editJudicial precedentReferences edit Professor M Rafiqul Islam Independence of the judiciary the Masdar case The Daily Star Retrieved 2017 07 11 Masdar Hossain says judiciary is free now bdnews24 com 2007 02 12 Retrieved 2017 07 11 Secretary Ministry of Government of Bangladesh Vs Md Masdar Hossain amp others The Lawyers amp Jurists Lawyersnjurists com 2011 05 03 Retrieved 2017 07 11 Retrieved from https en wikipedia org w index php title Secretary Ministry of Finance v Masdar Hossain amp oldid 1220879607, wikipedia, wiki, book, books, library,
