Speaker administering presidential oath: HC sets 26 October for hearing on petition
The High Court has fixed 26 October for the next hearing on the rule regarding a provision of the constitution's 15th Amendment that allows the speaker, instead of the chief justice, to administer the oath to the President.
At the same time, the court has appointed seven amicus curiae (friends of the court) to give their opinions on whether the president should be sworn in by the speaker or the chief justice. They are senior lawyers Zainul Abedin, Ahsanul Karim, Probir Neogi, Barrister Mahbub Uddin Khokon, Dr Shahdeen Malik, Barrister Mostafizur Rahman Khan, and Barrister Jyotirmoy Barua.
The order was passed today (14 August) by the HC bench of Justice Shashanka Shekhar Sarkar and Justice KM Zahid Sarwar. Barrister Omar Faruq appeared for the petitioner.
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The petition, filed by lyricist and constitutional analyst Shahidullah Farazi on 10 March through his lawyer Omar Faruk, seeks a directive that the chief justice should administer the oath to the president instead.
"Under Bangladesh's original constitution, the president was sworn in by the chief justice. However, a later amendment introduced the provision allowing the speaker to administer the oath to the president," Barrister Faruq told reporters after the writ petition.
"The petition argues that just as the president administers the oath to the chief justice, the chief justice should also administer the oath to the president," he added.
After the initial hearing, on 11 March the HC issued a rule asking why the provision in the 15th Amendment allowing the speaker to administer the oath should not be declared unconstitutional and void from the outset.
The law secretary, cabinet secretary, and registrar general of the Supreme Court have been asked to respond to the rule.
