Discharging its rule issued earlier upon the government following a Public Interest Litigation writ petition, a division bench of Justice ABM Khairul Haque and Justice Syed M Ziaul Karim delivered the judgment.

Justifying the government action, the court observed that there is "no basis of declaring illegal" the appointment of Lode, a judicial officer, to the post of additional secretary.

As Lode was appointed before the promulgation of the Judicial Service Rules in compliance with the Supreme Court verdict given in the Masder Hossain case for separating the judiciary from the executive, "the question of amalgamation between the members of the judicial and executive officers does not arise".

Terming the government action as not inconsistent with the separation of the judiciary, the court said since the judges are expert in their field, they are eligible to hold the similar-nature top administrative posts in accordance with the February 2002 provision for the reserved quota of 75 percent.

Dr Shahdeen Malik, an advocate, filed the writ petition challenging the validity of the appointment of judicial officer Lode, who was promoted to additional secretary on March 8, 2006, and series of appointments by promoting judicial officers to administrative higher posts.