Judiciary held hostage, says CJ

The Appellate Division on Tuesday reiterated that the judiciary was now held hostage, expressing dissatisfaction as the government continued seeking time to gazette the disciplinary rules for lower court judges.
Reprimanding attorney general Mahbubey Alam, the eight-member full bench headed by chief justice SK Sinha also asked him how the government was running. 
The highest court of the land made the remarks after the attorney general, on behalf of the law ministry, moves a fresh application seeking four more weeks to publish the Judicial Service (Discipline) Rules for lower court judges in official gazette.
The law ministry kept seeking time to implement the directive issued by the apex court on August 28 to publish by November 7 the draft rules prepared by the Supreme Court. 
On Tuesday, the attorney general moved the petition seeking four more weeks to the gazette rules saying that the law minister was abroad as his brother died there. 
The chief justice said that the government did not play fairly for the implementation of the directive.
The court, however, gave a fresh deadline, March 28, for publishing the disciplinary rules in the official gazette.
‘What is going on …. It should not go like this,’ the chief justice told the attorney general, adding that the attorney general should keep in mind that ‘institution is bigger than an individual’. 
An institution cannot
run depending on a person and the country cannot be stalled because of one’s absence, he said.
Following orders from the Appellate Division, the law ministry had earlier sent the draft set of rules to the Supreme Court seeking its opinion. The draft included 18 rules.
The Supreme Court modified the set of rules increasing the number of the rules to 35 laying down the procedures to be followed by the law ministry and the time frame for investigations to penalise errant lower court judges.
The government drafted the Judicial Service (Discipline) Rules to comply with a 12-point directive issued by the Appellate Division in 1999, under which the subordinate judiciary, the judicial magistracy in particular, was separated from the executive organ of the state. 

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