The Supreme Court (SC) yesterday was utterly surprised that the draft rules prepared by nine bureaucrats for judicial service and sent to the president for approval prevailed over its directives on the separation of judiciary.
The seven-member full bench of the Supreme Court was apparently furious after looking at the copy of the draft rules submitted by Attorney General AF Hassan Ariff.

"If the BCS (admn) cadre officers performing judicial functions as magistrates are kept in abeyance then what is the necessity of separation of judiciary from the executive," the court asked the attorney.

Attorney: We are partially implementing the court directives. We are ready for gazette notification and it will be done the moment the president approved the draft rules.

Court: You are telling partial truth, which is no truth.

The attorney repeatedly tried to convince the court that partial implementation of the directives is the process of fulfilling the court orders.

Interrupting him the court said, "Half implementation is no implementation."
Barrister Amir-Ul Islam, an intervener in the case, submitted that the situation reached a blind alley. The only option now left is sending both the draft rules to the Law Commission for scrutiny. After considering all aspects, the commission can make up a final draft in six weeks for approval of the president
The court abruptly rose for the day setting February 26 for next hearing as it was unhappy at the government's hide and seek exercise in implementation of the 12-point directives of the court given in December 1999 for separation of judiciary.

Yesterday's exercise resulted from the contempt rule issued against nine bureaucrats who had prepared the draft rules on judicial service for approval of the president that had distorted the directives of the Supreme Court.

The court had earlier asked the attorney to submit a copy of the draft rules sent to the president for approval.