A negotiation yesterday between Bangladesh Administrative Service Association and the law adviser apparently cleared the obstruction to separation of the judiciary from the executive on November 1 as the association moved away from the cadres' demand of deferring the date.
The separation is going to take place on the slated date and the government assured the association of looking into the "inconsistencies" in four rules promulgated for separation, association leaders said yesterday after the meeting convened to ease tension created over the issue.
Although both the law adviser and the association leaders said they were yet to reach a decision regarding the whole issue and that talks will continue, both the sides said separation will be implemented on the scheduled date.
"I'm feeling reassured… By the grace of Allah, the judiciary is going to be separated [from the executive] on November 1," Law Adviser Mainul Hosein said after the meeting.
On the other hand, the president of the service association, Abu M Moniruzzaman Khan, said: "We'll act according to government instructions."
The association handed over the law adviser a seven-point recommendation that includes removing "discrepancies" in the process of absorption of the judicial and admin cadres into the judicial service, giving them some magistracy power, and deferring the November 1 deadline.
"The adviser didn't agree to meet the demand for postponing the date," a participant of the meeting told The Daily Star asking not to be named.
Surprised by Sunday's sudden outburst of the administrative officials at a seminar, the law adviser called the association leaders to a meeting at his ministry yesterday.
The association leaders regretted some of the officials' "objectionable" statements on Sunday, the law adviser told BBC Bangla Service.
The meeting, however, did not discuss taking punitive action against any of the admin cadres for the statements, Kamal Uddin, Dhaka deputy commissioner, told reporters.
Led by Abu M Moniruzzaman Khan, also rector of Bangladesh Public Administration Training Centre, admin cadres placed seven recommendations before the adviser.
Discrimination created between the judicial service and the administrative cadres following the January 16 circular over absorption must be removed, according to a recommendation.
Another reads: "As per rules, administrative officers will have to have satisfactory service records of eight, 12 and 15 years, while judicial officers require four, seven and 10 years' service record for absorption. There is no condition for the service to be satisfactory."
Another recommendation asks the government to give the deputy commissioners and magistrates the power requisite for initiating proceedings, and the power of investigation into cognisable cases.
Power to the DCs to control law and order and run mobile courts in anti-adulteration and eviction drives is also demanded.
"The DCs implement plans of the central government and play the role of a coordinator among different departments. Stripping off their power will hamper these activities," it adds.
The association leaders strongly asked the adviser to ensure separate infrastructure and logistics for the administrative and the judicial service.
Saying that the control of judicial service officials will remain with the law ministry, which is also under the control of the executive, another recommendation says, "Bestowing the control of the judicial service officials on the law ministry goes against the idea of separation of the judiciary and the directives of the Supreme Court."
"All activities regarding their control should be done by the Supreme Court under the direct supervision of the chief justice," it reads.
The delegation demanded amendment to Section 12 of the Code of Criminal Procedure to appoint only the executive magistrates as special magistrates.
Land Secretary Moslehuddin, Law Secretary Habibul Awal, Information Secretary Didarul Anwar, Dhaka Divisional Commissioner Ikram Ahmed, and Biam Director General Dr Mohammad Sadique attended the meeting.
"We've discussed in detail the inconsistencies in the four rules and the talks will continue," Abul Hossain, a project director of the women and children affairs ministry, told reporters after the meeting.
Expressing his hope that a solution can be reached through discussion, he said: "The separation will take place on November 1."
Kamal Uddin, the association's secretary general, said: "Everything will be done for a peaceful solution. We've discussed ways to run the administration properly."
"The date fixed for the separation of the judiciary remains unchanged," he said.
LAWYERS' REACTION
Condemning administrative cadres' Sunday's remarks, Supreme Court Bar Association (SCBA) President Barrister Amir-Ul Islam said: "They have echoed the mindset of the vested interested quarters of bureaucrats who felt insulted losing their supremacy over the judiciary," reports UNB.
"They have not only violated their service rules but also showed disregard to the Supreme Court judgment in the landmark Masder Hossain case on separation of the judiciary and also to the constitution, which is tantamount to contempt of court and liable to be prosecuted."
He made the statements while addressing a press conference at the SCBA hall yesterday.
Advocate Khondker Mahbub Hossain, interim vice-chairman of Bangladesh Bar Council, a statutory body regulating lawyers, also came down heavily on the field-level administrative officers for their Sunday's acts.
He urged the government to take "legal actions" against them. "The court may also issue suo moto contempt-of-court proceedings against them for what they've done," he observed.