HC defers rule hearing on Article 116 to 2 July over state’s absence
Such an occurrence was “unexpected”, court says
The High Court has deferred to 2 July the hearing on a rule it earlier issued questioning the legality of Article 116 of the Constitution, which vests control and discipline of lower court judges in the President.
The bench of Justice Ahmed Sohel and Justice Debashish Roy Chowdhury was scheduled to hear submissions from Attorney General Asaduzzaman on behalf of the state. However, no representative from the Attorney General's Office appeared before the court even after the scheduled time.
As a result, the court adjourned the hearing.
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Expressing disappointment, the High Court remarked, "Proceedings in three courts were suspended to accommodate this rule hearing. We held everything in abeyance for such an important matter, and yet the state fails to appear. How can this be acceptable?"
The court further remarked that such an occurrence was "unexpected."
The rule was moved by Advocate Mohammad Shishir Manir.
On 27 October last year, the High Court issued the rule asking the government to explain why Article 116 of the Constitution should not be declared illegal.
The article 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 court also questioned why the article and the disciplinary rules for lower court judges should not be declared contradictory to the Constitution. Additionally, it asked why the authorities should not be directed to establish a separate secretariat for the judiciary.
The secretaries of the Legislative and Parliamentary Affairs Division, the Law and Justice Division, and the Registrar General of the Supreme Court were made respondents in the writ.
The court had also directed the Supreme Court Registrar General to submit a report within 60 days on the progress of establishing a separate judicial secretariat.
