The High Court today questioned the legality of president’s authority to appoint Supreme Court judges and to control the appointment and posting of lower court judges.
The court issued a ruling asking the authorities concerned of the government to explain in four weeks as to why the constitutional provision that empower the president to appoint the SC judges and to control appointment and the posting of lower court judges should not be declared illegal.
Secretaries to the cabinet division, the president and the law ministry have been made respondent to the rule.
The HC bench of Justice Kazi Rezaul Haque and Justice Mohammad Ullah came up with the rule following a writ petition filed by SC lawyer Advocate Eunus Ali Akond.
On November 3 last year, Advocate Eunus Ali Akond filed the writ petition with the HC challenging the legality of constitutional provisions that empowered the president to appoint SC judges and control the lower court judges.
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The advocate submitted the petition praying to the HC to declare Article 95 (1) and 116 of the charter unconstitutional.
Article 95 (1) of the constitution says, “The Chief Justice shall be appointed by the President, and the other Judges shall be appointed by the President after consultation with the Chief Justice.”
Article 116 says, “The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the President and shall be exercised by him in consultation with the Supreme Court.”
Source: Daily Star, Dhaka, Bangladesh