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Code of Conduct– We reformulate the Code of Conduct in exercise of powers
under article 96 as under:
Code of Conduct
(1) A Judge should participate in establishing, maintaining, and enforcing
high standards of conduct, and should personally observe those standards so
that the integrity and independence of the judiciary is preserved.
(2) A Judge should respect and comply with the constitution and law, and
should act at all times in a manner that promotes public confidence in the
judiciary.
(3) A Judge should not allow family, social, or other relationships to
influence judicial conduct or judgment. A Judge should not lend the
prestige of the judicial office to advance the private interests of others;
nor convey or permit others to convey the impression that they are in a
special position to influence the Judge.
(4) A Judge should be faithful to and maintain professional competence in
the law, and should not be swayed by partisan interests, public clamor, or
fear of criticism.
(5) A Judge should be patient, dignified, respectful, and courteous to
litigants, lawyers, and others with whom the Judge deals in an official
capacity, and should require similar conduct of those officers to the
Judge’s control, including lawyers to the extent consistent with their
role in adversarial system.
(6) A Judge should dispose of promptly the business of the court including
avoiding inordinate delay in delivering judgments/orders. In no case a
judgment shall be signed later than six months of the date of delivery of
judgment.
(7) A Judge should avoid public comment on the merit of a pending or
impending Court case.
(8) A Judge shall disqualify himself/herself in a proceeding in which the
Judge’s impartiality might reasonably be questioned.
(9) A Judge shall disqualify himself/herself to hear a matter/cause where
he served as lawyer in the matter in controversy, or with whom the Judge
previously practiced during such association as a lawyer concerning the
matter, or the Judge or such lawyer has been a material witness.
(10) A Judge shall not hear any matter if he/her knows or if he/she is
aware or if it is brought into his/her notice that, individually or as a
fiduciary, the Judge or the Judge’s spouse or children have a financial
interest in the subject matter in controversy or is a party to the
proceeding, or any other interest that could be affected substantially.
(11) A Judge requires a degree of detachment and objectivity in judicial
dispensation and he is duty bound by the oath of office.
(12) A Judge should practise a degree of aloofness consistent with the
dignity of his office.
(13) A Judge should not engage directly or indirectly in trade or business,
either by himself or in association with any other person.
(14) A Judge must at all times be conscious that he is under the public
gaze and there should be no act or omission by him which is unbecoming of
his office and the public esteem in which that office is held.
(15) A Judge should not engage in any political activities, whatsoever in
the country and abroad.
(16) A Judge shall disclose his assets and liabilities, if asked for, by
the Chief Justice.
(17) Justice must not only be done but it must also be seen to be done.
The behaviour and conduct of a member of the higher judiciary must reaffirm
the people’s faith in the impartiality of the judiciary. Accordingly, any
act of a Judge, whether in official or personal capacity, which erodes the
credibility of this perception has to be avoided.
(18) Close association with individual members of the Bar, particularly
those who practice in the same court, shall be eschewed.
(19) A Judge should not permit any member of his immediate family, such as
spouse, son, daughter, son-in-law or daughter-in-law or any other close
relative, if a member of the Bar, to appear before him or even be
associated in any manner with a cause to be dealt with by him.
(20) No member of his family, who is a member of the Bar, shall be
permitted to use the residence in which the Judge actually resides or other
facilities for professional work.
(21) A Judge shall not enter into public debate or express his views in
public on political matters or on matters that are pending or are likely to
arise for judicial determination.
(22) A Judge is expected to let his judgments speak for themselves. He
shall not give interview to the media.
(23) A Judge shall disqualify himself or herself from participating in any
proceedings in which the Judge is unable to decide the matter impartially
or in which it may appear to a prudent man that the Judge is unable to
decide the matter impartially. Such proceedings include, but are not
limited to, instances where the Judge has actual bias or prejudice
concerning a party or personal knowledge of disputed evidentiary facts
concerning the proceedings.
(24) A Judge shall ensure that his or her conduct is above reproach in the
view of a reasonable observer.
(25) The behavior and conduct of a Judge must reaffirm the people’s faith
in the integrity of the judiciary.
(26) A Judge shall avoid impropriety and the appearance of impropriety in
all of the Judge’s activities.
(27) As a subject of constant public scrutiny, a Judge must accept personal
restrictions that might be viewed as burdensome by the ordinary citizens
and should do so freely and willingly.
(28) A Judge shall, in his/her personal relationship with individual
members of the legal profession who practice regularly in the Judge’s
court, avoid situations which might reasonably give rise to the suspicion
or appearance of favoritism or partiality.
(29) A Judge shall not participate in the determination of a case in which
any member of the Judge’s family represents a litigant or is associated
in any manner with the case.
(30) A Judge shall not allow the use of the Judge’s residence by a member
of the legal profession to receive clients or other members of the legal
profession.
(31) A Judge shall not allow his/her family to maintain social or other
relationship improperly to influence any judicial matter pending in his/her
court.
(32) A Judge shall not use or lend the prestige of the judicial office to
advance the private interests of the Judge, a member of the Judge’s
family or of anyone else, nor shall a Judge convey or permit others to
convey the impression that anyone is in a special position improperly to
influence the Judge in the performance of judicial duties.
(33) A Judge shall not practice law or maintain law chamber while he is
holding judicial office.
(34) A Judge and members of the Judge’s family, shall neither ask for,
nor accept, any gift, bequest, loan or favor in relation to anything done
or to be done or omitted to be done by the Judge in connection with the
performance of judicial duties.
(35) A Judge shall maintain order and decorum in all proceedings before the
court and be patient, dignified and courteous in relation to litigants,
witnesses, lawyers and others with whom the Judge deals in an official
capacity. The Judge shall require similar conduct from legal
representatives, court staff and others subject to the Judge’s influence,
direction or control.
(36) A Judge shall not engage in conduct incompatible with the diligent
discharge of judicial duties.
(37) A Judge shall sit in and rise from the court in time without fail and
in case the Chief Justice notices that a Judge does not utilize the time
allocated for judicial works, the Chief Justice shall intimate the Judge by
writing to maintain the court’s time and despite such notice if the Judge
does not rectify, such conduct be treated as misconduct and he/she will be
dealt with in accordance with law.
(38) (a) If a complaint is received by the Chief Justice from anybody or
any other sources that the conduct of a Judge is unbecoming of a Judge,
that is to say, the Judge is unable to perform his/her judicial works due
to incapacity or misbehaviour, the Chief Justice shall hold an inquiry into
such activities with other next two senior most Judges of the Appellate
Division and if the Chief Justice or any one of the other Judges declines
to hold a preliminary inquiry or if the allegation is against any one of
them, the Judge who is next in seniority to them shall act as such member
and if upon such inquiry it found that there is prima-facie substance in
the allegation the Chief Justice shall recommend to the president.
(b) A complaint against a Judge shall be processed expeditiously and
fairly and the Judge shall have the opportunity to comment on the complaint
by writing at the initial stage. The examination of the complaint at its
initial stage shall be kept confidential, unless otherwise requested by the
Judge.
(c) All disciplinary action shall be based on established standards of
judicial conduct.
(39) The above Code of Conduct and the ethical values to be followed by a
Judge, failing which, it shall be considered as gross misconduct.
The decisions of the apex court of the country are final not because they
are infallible, but because the decisions are infallible as they are
constitutionally final. By the impugned amendment, the removal mechanism
of the Judges of higher judiciary by the Supreme Judicial Council has been
substituted by the Parliamentary removal mechanism. Since this amendment in
ultra vires the constitution, the provision prevailing before substitution
is restored. The appeal is accordingly dismissed. (Surendra Kumar Sinha,
CJ). ...Government of Bangladesh =VS= Asaduzzaman Siddiqui, (Civil), 2019
(1) [6 LM (AD) 272] ....View Full Judgment
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