Petition against AG: HC order on Jan 23

The High Court has fixed January 23 for passing order on a writ petition that challenged the legality of holding the office of attorney general by Advocate Mahbubey Alam.

The bench of Justice Naima Haider and Justice Abu Taher Md Saifur Rahman set the date today after concluding hearing on the petition.

During hearing, Additional Attorney General Murad Reza vehemently opposed the writ petition, saying that attorney general is not holding the public office under the definition mentioned in the constitution of the republic.

“Therefore, such a writ petition, which was filed as public interest litigation (PIL), is not acceptable,” he argued, praying to the HC to reject the writ petition.

Advocate AM Aminuddin, who was present in the courtroom during the hearing, told the court that the attorney general’s tenure of holding the office depends on the pleasure of the president of the republic as per Article 64(4) of the constitution. 

The article says, “The Attorney General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine”.

On November 10 last year, Supreme Court lawyer Eunus Ali Akond filed the writ petition challenging the legality of Mahbubey Alam holding the AG office.

READ MORE: HC judge feels embarrassed to hear petition against AG

He said in the petition that the president appointed Attorney General Mahbubey Alam under Article 64 (1) of the constitution. Under this article the president shall appoint a person as AG who is qualified to be a SC judge and the age limit of SC judge is 67 years.

“Mahbubey Alam turned 67 years on February 17 last year and he cannot hold the office of attorney general anymore,” Eunus Ali said in the writ petition.

Earlier on November 20 last year, a judge of another HC bench felt embarrassed to hear the same writ petition.