A writ petition has been filed with the High Court challenging the Supreme Court Secretariat (Repeal) Act, 2026, and seeking the restoration of the independent Supreme Court Secretariat, arguing that the new law has destroyed the institutional independence of the judiciary.
Supreme Court lawyer Md Mahmudul Hasan (Mamun) filed the public interest writ on Wednesday, naming the Secretary of the Ministry of Law, Justice and Parliamentary Affairs, the Secretary of the President’s Office, the Secretary of the National Parliament Secretariat, and the Registrar General of the Supreme Court as respondents.
The writ has requested the issuance of a rule asking why the Supreme Court Secretariat (Repeal) Act, 2026, should not be declared illegal, ultra vires, and void.
It has also sought an interim direction from the High Court that until Parliament passes any new law regarding the Supreme Court Secretariat and the President gives assent, the provisions of the repealed “Supreme Court Secretariat Ordinance, 2025” and the “Supreme Court Secretariat (Amendment) Ordinance, 2026” should be immediately restored and kept effective through judicial order.
The writ states that although Parliament has the power to make or repeal laws, it is subject to Article 7 of the Constitution. Parliament does not have the jurisdiction to destroy the “basic structure” of the state.
According to Article 22 of the Constitution, the independence and separation of the judiciary is a fundamental basic structure of the state. Even if Parliament has an absolute majority, it cannot abolish the “judiciary” from the Constitution, the petition argues.
The writ describes the independent Supreme Court Secretariat as the core guarantee or “heart” of the institutional independence of the judiciary.
By passing the controversial Repeal Act, the independent Supreme Court Secretariat system has been destroyed, and judicial administration has been brought back under the direct control of the executive branch (the Law Ministry), which is a clear unconstitutional step, the petition states.
The writ further argues that the Repeal Act has plunged judicial administration into a severe constitutional crisis. Due to the absence of an independent Supreme Court Secretariat, the path has been paved for direct executive interference in the appointment, transfer, and disciplinary proceedings of judges and magistrates.
This will allow executive branch officials to exert unethical pressure, intimidate, or blackmail judges to obtain court orders or bail in favour of their preferred individuals, which will completely subvert the rule of law, the petition warns.
