SC puts constitutional functionaries first in order of state hierarchy

The Supreme Court on Thursday published full verdict modifying impugned state-level hierarchy—Warrant of Precedence - putting constitutional functionaries first in order, district judges parallel to secretaries and inducting civil and gallantry awardees on the table.
The verdict was posted on the Supreme Court’s website in the morning.
The verdict read, ‘As the Constitution is the supreme law of the land, all constitutional functionaries shall be placed first in order of priority in the Table of the impugned Warrant of Precedence.’
It also said members of judicial service holding the posts of district judges or equivalent posts of district judges shall be placed at Serial 16 in the table along with the secretaries to the government and equivalent public servants in the service of the Republic. 
Additional district judges or holders of equivalent judicial posts shall be placed at the serial 17 immediately after the district judges, it added.
The verdict also asked to include dignitaries who have been honoured or decorated with civil awards, e.i., Shadhinata Padak, or Ekhushey Padak, and those valiant freedom fighters who have been honoured with galantry awards of Bir Uttam in the table of the warrant of orecedence in such order as deemed appropriate.
A five-member Appellate Division Bench of the Supreme Court, headed by Chief Justice M Muzammel Hossain, on January 12, 2015 had passed the order saying, ‘The appeal is disposed of with expunction, modification, observation and findings.’
The president and the prime minister hold the first and second positions, according to the Warrant of Precedence. The state hierarchy is used for all government purposes, including ceremonial occasions.
On January 6, the Supreme Court disposed of the appeal filed by the government against the High Court judgment over the Warrant of Precedence —restoring the position of the Chief Justice on a par with the Speaker – number three, according to the counsel for the writ petitioner, referring to the court order.
Two days after the appeal was disposed of, the SC on its own motion took up the matter for further hearing on it after being irked following the disclosure in detail of the Warrant of Precedence in the name of ‘verbal substance’ of its order.
According to the counsel for the writ petitioner, the judges of the Appellate Division will be upgraded to the position of the full minister instead the state minister while judges of the High Court get the status of the state minister.
Since the Attorney General, the chief government law officer, holds the constitutional post, his position will be above all secretaries of the Republic while the position of the member of parliament would be above the cabinet secretary, the chiefs of the three services and principal secretary.
As the district judges head the subordinate courts, their position will be the upgraded one equivalent to secretary of the republic.
In 2011, the cabinet secretary, on behalf of the government, filed the appeal the February 4, 2010 High Court verdict that declared illegal the Warrant of Precedence, which was formulated in 1986 and revised in 2008 and ordered reshuffling the state hierarchy with constitutional post-holders and district judges placed above the military chiefs.
M Ataur Rahman, a former secretary general of Bangladesh Judicial Service Association, filed the public interest litigation writ petition on December 14, 2006 challenging the validity of the revised Warrant of Precedence.

- See more at: http://www.newagebd.net/article/2503/sc-puts-constitutional-functionaries-first-in-order-of-state-hierarchy#sthash.CSQMiEi3.dpuf