High Court Expresses Shock Over Secretariat Dissolution

The High Court of Bangladesh has expressed profound astonishment over the dissolution of the Supreme Court Secretariat’s activities prior to the final disposal of the pending case in the Appellate Division. On Wednesday morning (20 May), when the official notification regarding the abolition was presented before the High Court bench led by Mr Justice Ahmed Sohel, the court questioned the state defence, asking, “How is this possible?”

Following the court session, the writ petitioner’s counsel, Advocate Shishir Monir, briefed journalists that the High Court was deeply surprised by the abolition of the secretariat’s functions before a definitive ruling was reached by the apex court. Furthermore, the learned counsel asserted that the government’s executive action amounts to contempt of court. He announced that a formal contempt of court petition would be filed against the government on Thursday, confirming that he would be moving the application personally. Advocate Shishir Monir also noted that the dissolution of the Supreme Court Secretariat has adversely affected the international image of Bangladesh.

Background and Legislative Chronology

The controversy stems from a government gazette notification issued on Tuesday, which officially abolished the operations of the Supreme Court Secretariat and attached 15 judicial officers, who were serving there, to the Ministry of Law, Justice and Parliamentary Affairs.

Previously, with the objective of separating the judiciary from the executive organ of the state, the interim government had promulgated the “Supreme Court Secretariat Ordinance, 2025”. This legislative measure was subsequently revoked by the succeeding BNP government.

Following a legal challenge against the revocation, the High Court delivered a judgment regarding the separation of the judiciary, directing the government to establish the secretariat within three months. Although the state authorities decided to prefer an appeal against the High Court verdict, no formal appeal has been logged with the Appellate Division to date. During the proceedings, the High Court explicitly expressed its expectation that the state would refrain from disrupting or halting the secretariat’s functions until the matter achieved final disposal.

Timeline and Key Facts

The critical events and legal milestones surrounding the Supreme Court Secretariat are structured chronologically below:

Date / PhaseEvent DescriptionResponsible Authority / PartyCurrent Legal Status
2025Promulgation of the “Supreme Court Secretariat Ordinance, 2025” to separate the judiciary.Interim GovernmentSubsequently repealed by the succeeding administration.
Post-InterimRepeal and abolition of the Supreme Court Secretariat Ordinance.BNP GovernmentPromulgation invalidated by executive order.
Judicial ReviewHigh Court orders the establishment of the secretariat within a three-month timeframe.High Court DivisionThe state planned to appeal, but no petition has been filed yet.
19 May (Tuesday)Official gazette notification issued to dissolve the secretariat and reassign 15 judges.Executive Branch / StateImplemented with immediate effect.
20 May (Wednesday)High Court expresses astonishment; petitioner announces a contempt application.High Court Bench / Adv. Shishir MonirContempt petition scheduled for submission on Thursday.

The sudden dissolution of the secretariat, amidst unresolved judicial proceedings and despite the clear expectations voiced by the High Court Division, has created a significant procedural standoff between the executive and the judiciary. Further judicial directives are anticipated following the formal submission of the contempt petition.

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