High Court Issues Rule Asking Why Posting Three Judges as PS to Minister and State Minister Should Not Be Declared Illegal

The High Court has issued a rule asking why the posting of three members of the Bangladesh Judicial Service as private secretaries (PS) to a minister and a state minister should not be declared illegal.

The rule was issued in response to a writ petition challenging the legality of posting judges to the executive branch outside judicial duties.

A High Court bench comprising Justice Md Toufiq Enam and Justice Mahmud Hasan issued the rule on Thursday (29 October).

Lawyer Chanchal Kumar Biswas argued for the writ in court.

Earlier, on 21 September, lawyer Rashedul Haque Khokon filed the writ in the High Court.

The writ cited Rule 4(1) of the Judicial Service Formation Rules, 2025, saying the posts specified in the schedule of the rules have been identified as cadre posts of the service.

The writ said the executive posts to which the three judges were recently appointed are not in that schedule.

Among the three posted judges, Kamrul Hasan, senior assistant secretary of the Law and Justice Division and joint district and sessions judge, was posted as PS to the home minister on 25 February.

Then, on 9 March, joint district judge GM Farhan Istiaq was posted as PS to the primary and mass education minister, and on 16 September a notification was issued posting Chattogram Metropolitan Magistrate Md Abu Bakar Siddique as PS to the state minister for social welfare.

The writ sought a declaration that the notifications of these postings were without lawful authority.

The writ also sought a direction not to transfer or appoint any judicial officer outside the posts specified in the schedule of the Judicial Service Formation Rules.

At the same time, the writ sought the withdrawal of the three judges from the relevant ministries and their posting back to the Judicial Service.