Order on writ against president’s power Feb 26

The High Court today fixed February 26 for passing an order on a writ petition that challenged the legality of the president’s authority to appoint Supreme Court judges and control the lower court judges.

The bench of Justice Kazi Rezaul Haque and Justice Mohammad Ullah fixed the date.

Deputy Attorney General Tapash Kumar Biswas told The Daily Star that the High Court may hold further hearing on the writ petition on February 26 before passing the order.

Earlier on November 3 last year, SC lawyer Advocate Eunus Ali Akond filed a 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.

Advocate Eunus Ali Akond 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.”