The High Court (HC) in its judgment yesterday declared the appointment of Kazi Habibul Awal as acting law secretary illegal.
HC division bench of Justice Shah Abu Nayeem Mominur Rahman and Justice Shahidul Islam delivered the judgment after completion of hearing on a rule of a writ petition and directed the authorities concerned to send copies of the judgment to the chief justice, law adviser and establishment adviser.
On July 5 last year, the writ petition challenging the appointment of Awal as acting law secretary was filed by District and Sessions Judge Aftab Uddin Ahmed.
The HC on July 8 last year issued rule on the government asking it to show cause why the appointment would not be declared illegal.
The court also mentioned in its judgment for investigating the issue of Supreme Court (SC) registrar's sending the letter to the law ministry for appointing Awal.
The government appointed Awal as acting law secretary on June 28 last year after consultation with the Supreme Court.
In its judgment, the HC bench said though the law ministry sought opinion from the SC regarding his appointment as current charge for the post of acting law secretary, the letter given by the registrar of SC recommended his appointment as acting law secretary.
The court requested the chief justice initiate an investigation into the matter as the letter contains inconsistency.
The court in its judgment mentioned that Awal could not be appointed as acting secretary in the ministry in accordance with promotion rules 2002 for the promotion of deputy-secretary, joint-secretary, additional secretary and secretary.
The verdict also mentioned that Awal had been an additional secretary of the legislative drafting wing of the law ministry.
Article 94 of the constitution of SC incorporates all the judges of HC and SC, said the HC judgment mentioning that though the law ministry requested for the SC's opinion regarding the issue, this HC bench did not know anything about the matter.
As a result the opinion regarding the appointment of Awal was not of the SC, but an individual opinion of the chief justice, the court mentioned in its order.
Barrister Azmalul Hossain and advocate Kamrul Islam Siddique moved for the petitioner while barrister M Amir-Ul Islam for Awal.
Kazi Awal, a law graduate of Dhaka University, joined the government service as assistant judge in 1981 through Bangladesh Civil Service (Judicial). He served as district judge in different districts and joined the legislative drafting wing of the ministry as joint secretary in 2000. He was promoted to the post of additional secretary in 2003.