Dhaka – A writ petition has been filed with the High Court challenging the legality of articles 95 (2) and 116 of the Constitution.
Supreme Court lawyer Advocate Eunus Ali Akond filed the writ on Thursday.
The writ came following the recent remarks of Chief Justice SK Sinha that the article 116 of the existing Constitution is one of the main reasons behind the slowness of the judiciary. The petitioner prayed to the court to issue a rule upon the authorities concerned to explain why the articles 95 (2) and 116 should not be declared contradictory to the Constitution.
Jatiya Sangsad Speaker, Law Secretary, Cabinet Secretary and Supreme Court Registrar General have been made respondents to the petition.
Talking to reporters, Akond said the petition is likely to come up for hearing at the bench of Justice Quazi Reza-Ul Hoque and Justice Mohammad Ullah on Sunday.
Akond said according to article 95 (2) of the Constitution, the President will appoint the Chief Justice and recruit other judges in consultation with the Chief Justice.
However, the President is not fully independent as he cannot accomplish all works except the appointment of the Prime Minister and the Chief Justice, without consultation with the Prime Minister, he said.
As per the article 116 of the present constitution, 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.
But the Constitution of 1972 stipulates ‘the control and discipline of persons employed in the judicial service was completely exercised by the Supreme Court’.
He said four basic principles — Secularity, Nationalism, Democracy and Socialism — of the original Constitution were reinstated through the 5th Amendment to the Constitution in 2011. However, the article 116 of the 1972 Constitution was not restored.
Noting that the article 116 of the existing Constitution is one of the main reasons behind the slowness of the judiciary, the Chief Justice on Monday demanded reinstatement of the same article of the country’s original charter.
He made the demand in a message issued on the occasion of the 9th anniversary of the separation of the judiciary from the executive. – UNB
