Lower Court Judges: CJ for changes in charter

Chief justice Surendra Kumar Sinha yesterday hoped the Jatiya Sangsad would scrap the constitutional provisions that empower the president to control posting, promotion and discipline of lower court judges.

He said articles 116 and 116 (A) of the constitution, which deal with promotion, posting and discipline of lower court judges, contradict the basic principles of the constitution.

The chief justice made the observation while he was speaking as the chief guest at a programme at the Supreme Court Bar Association yesterday to celebrate veteran Supreme Court lawyer Abdul Baset Majumder's 50th anniversary in law profession.

Article 116 of the constitution states, "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."

The succeeding article, 116 (A), states, "Subject to provisions of the constitution, all persons employed in the judicial service and all magistrates shall be independent in the exercise of their judicial functions."

The chief justice said the SC could not take steps about the lower court judges due to articles 116 and 116 (A).

The Supreme Court, following separate writ petitions, has already scrapped a number of amendments that were against the main pillars of the constitution. A few such scrapped amendments include the 5th, the 7th, the 8th and the 13th.

"The executive and the legislative branches of the state had derailed over the last 45 years of the independence of the country, but the judiciary, particularly the Supreme Court, did not do so," he observed.

Justice Sinha also urged young lawyers to concentrate on developing their professional qualities, rather than putting too much emphasis on making money.

"It is not possible for the chief justice or the judges alone to establish rule of law, unless the lawyers make their due contributions to this effect," the CJ said.

Agriculture Minister Matia Chowdhury, Attorney General Mahbubey Alam, Supreme Court Bar Association President Yusuf Hossain Humayun and advocate Abdul Baset Majumder, also vice-president of Bangladesh Bar Council, also spoke.

Judges of the Appellate Division and the High Court Division of the SC, lawyers from across the country and law officers of the SC were also present on the occasion.