Writ plea field challenging legality of provision empowering president to appoint judges

A Supreme Court lawyer yesterday filed a writ petition with the High Court challenging the legality of constitutional provisions that empowered the president to appoint SC judges and control the lower court judges.

Advocate Eunus Ali Akond submitted the petition praying to the HC to declare Article 95 (1) and 116 of the charter unconstitutional.

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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.”

Citing from the writ petition, Eunus told The Daily Star that the president acts on advice from the prime minister under Article 48 (3) of the constitution and therefore, the president is not independent.

He said the judiciary is independent under Article 22, 94 (4) and 116A of the constitution and in the light of SC judgment in Masdar Hossain case.

So the SC should be vested with the authority to appoint the SC judges and to control the lower court judges, under the constitution, he said, adding that the HC might hear the petition on Sunday.