Tuesday, 26 October 2010

Bangladesh HC observation: President can appoint CJ on seniority basis

Bangladesh Supreme Court
 BLHouse Report

The High Court on October 26 observed that the President alone can appoint any eligible person as the Chief Justice of Bangladesh.

If the President appoints the Chief Justice considering merit, not seniority, there is no provision in the Constitution to compel the President explain reasons, the HC observed.

A bench of the HC comprising Justice Md Imman Ali and Justice Obaidul Hasan cited it disposing of a public interest Writ petition with some observations.

In the observations, the court said that there was no provision in the Constitution for appointing the Chief Justice on seniority basis.

After reading different articles of the Constitution, it deemed that the President alone can appoint any eligible person as the Chief Justice of Bangladesh, the court said.

But, if the President wants, he can consult with any person in this regard, said the HC observation.

Four SC lawyers filed the Writ on August 22 this year seeking a rule as to why a direction should not be given not to violate seniority in appointing Chief Justice without publicly disclosing specific reasons behind such violations.

The lawyers are- Barrister Hassan M Ajim, Advocate Abdus Salam, Barrister Md Reaz Uddin and Barrister Sakila Farzana.

According to Article 95(1) of the Constitution, "The Chief Justice and other Judges shall be appointed by the President."

Article 95(2) state, "A person shall not be qualified for appointment as a judge unless he is a citizen of Bangladesh and- (a) has, for not less than ten years, been an advocate of the Supreme Court; or (b) has, for not less than ten years, helf judicial office in the territory of Bangladesh; or (c) has such other qualifications as may be prescribed by law for appointment as a Judge of
the Supreme Court."


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