19 sitting judges oppose HC rule

Nineteen judges of the High Court (HC) yesterday filed an application with the Supreme Court (SC) against the HC judgment that directed the government to reappoint with seniority 10 additional judges not confirmed during the BNP-Jamaat coalition government's rule.
Endorsing the application, Chamber Judge of the Appellate Division Justice MA Matin permitted the petitioners to file a regular petition for leave to appeal and fixed tomorrow for its hearing before the full bench of the Appellate Division.
Petitioners' counsel advocate TH Khan told reporters that reappointment of the then 10 additional judges with seniority would affect the seniority of 46 sitting HC judges.
A few SC lawyers said this is an unprecedented incident that some judges have appealed against a judgment that favours other judges in the higher judiciary.
Former Supreme Court Bar Association (SCBA) secretary advocate M Enayetur Rahim said a division has been created among the HC judges because of the appeal against a judgment that favoured some other judges and this division would give rise to an unhealthy atmosphere in the judiciary.
The judges who filed the application yesterday are justices Syed Mohammad Dastagir Husain, Mir Hasmat Ali, Abdul Awal, Sharif Uddin Chaklader, Md Mizanur Rahman Bhuiyan, Syed AB Mahmudul Huq, Salma Masud Chowdhury, AFM Abdur Rahman, Farid Ahmed, Md Abu Tariq, Muhammad Abdul Hafiz, Syed Refaat Ahmed, Zubayer Rahman Chowdhury, Md Miftahuddin Chowdhury, Md Emdadul Huq, Md Rais Uddin, Md Emdadul Haque Azad, Md Ataur Rahman Khan and SM Emdadul Hoque.
Sources said only Justice Dastagir was appointed during the rule of Awami League and others during the BNP-Jamaat alliance government. The services of all of them were confirmed during the BNP-Jamaat government.
"Aggrieved by the High Court verdict, these 19 judges have filed the provisional leave to appeal against it and more judges will file applications with the Supreme Court to be party to the appeal," TH Khan said.
He said those who are telling the media that the government need not be concerned about the HC judgment are making "childish statements".
Upon two separate writ petitions, a three-member special bench of the HC on July 17 declared illegal and unconstitutional the non-confirmation by the BNP-led government of the services of 10 additional HC judges appointed during the rule of the Awami League despite the chief justice's positive recommendations.
The HC bench comprised of justices Mohammad Abdur Rashid, SK Sinha and Nazmun Ara Sultana directed the government to reappoint the 10 judges with seniority within one month. The court, however, said the time between the date of non-confirmation and reappointment would be treated as leaves without pay.
The 10 judges are justices Abdus Salam, Momtaj Uddin Ahmed, Abdul Hye, Md Shamsul Huda, Faruque Ahmed, Marzi-ul Huq, Abdur Razzak, Hasan Foiz Siddique, AHM Shamsuddin Chowdhury and Nizamul Huq Nasim.
On July 24, the government filed a leave to appeal with the SC to vacate the HC verdict.
Earlier on July 23, pro-Jamaat-e-Islami lawyer advocate Ashraf-uz- Zaman also filed an application with the SC, seeking permission for filing a leave to appeal as public interest appeal against the HC verdict.
After hearing the petitions, Chamber Judge MA Matin sent the matter to the full bench of the Appellate Division for hearing tomorrow.
The SCBA at a general meeting on July 23 adopted a resolution, demanding that the government reinstate the 10 additional judges as regular judges as per the HC directives.
Former SCBA secretary advocate M Enayetur Rahim said if any person is aggrieved at any decision of the HC, they can file appeals with the SC against it.
SCBA President barrister Shafique Ahmed said, "The Supreme Court will now decide the fate of the matter and the law will be settled there."
The SCBA launched a movement on the SC premises when 18 of these judges were appointed during the rule of the BNP-Jamaat alliance government, saying the appointments were given on political consideration.
Terming the appointments a "serious storm" over the higher judiciary, the then chief justice Md Ruhul Amin told a function in Noakhali last year that its effect would remain in the judiciary for more than 20 years.