The High Court on Thursday issued a rule asking why the posting of three members of the Bangladesh Judicial Service as private secretaries (PS) to a minister and a state minister should not be declared illegal.
The bench comprising Justice Md Toufiq Inam and Justice Mahmud Hasan issued the rule following a hearing on a writ petition challenging the legality of posting judicial officers to executive branch positions outside their judicial duties.
Advocate Chanchal Kumar Biswas argued in court on behalf of the writ petitioner.
Advocate Rashedul Haque Khokan filed the writ petition on 21 September.
Citing Rule 4(1) of the Judicial Service Formation Rules, 2025, the petition stated that the posts specified in the schedule of rules are designated as cadre posts of the service.
However, the executive positions to which the three judges were recently appointed are not included in that schedule.
Among the three posted judicial officers, Kamrul Hasan, senior assistant secretary of the Law and Justice Division and Joint District and Sessions Judge, was appointed as PS to the home minister on 25 February.
Subsequently, on 9 March, Joint District Judge GM Farhan Ishtiaq was posted as PS to the primary and mass education minister.
On 16 September, a notification was issued appointing Chattogram Metropolitan Magistrate Md Abu Bakar Siddique as PS to the state minister for social welfare.
The writ petition prayed for declaring the notifications of these postings as being without lawful authority.
It also sought directions prohibiting the transfer or appointment of any judicial officer outside the posts specified in the schedule of the Judicial Service Formation Rules.
The petition prayed for an order directing the withdrawal of the three judges from their respective ministries and their reposting within the Judicial Service.
