HC verdict on legality of Constitution’s Article 116 on 2 September
The final hearing on the rule, issued over the validity of Article 116, began on 23 April this year.
The High Court has set 2 September to deliver its verdict on a rule questioning the legality of Article 116 of the Constitution, which concerns the promotion, transfer, discipline, and control of lower court judges.
The bench of Justice Ahmed Sohel and Justice Debasish Roy Chowdhury fixed the date today (13 August) after concluding the final hearing on the matter, according to court sources.
Advocate Shishir Monir appeared for the petitioner in the case, while Attorney General Mohammad Asaduzzaman represented the state. Senior lawyer Ahsanul Karim made submissions as an intervener.
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The final hearing on the rule, issued over the validity of Article 116, began on 23 April this year.
The matter was previously pending before a High Court bench led by Justice Farah Mahbub.
However, the bench was dissolved after Justice Mahbub was elevated to the Appellate Division on 24 March. Following this, petitioner Advocate Shishir Monir sought a new bench to dispose of the case.
On 25 August last year, Monir, on behalf of 10 lawyers, filed the writ petition seeking reinstatement of the original 1972 version of Article 116. The court later issued a rule asking why the current Article 116 should not be declared unconstitutional.
Under the present (amended) Article 116, the control—including postings, promotions, leave, and disciplinary measures—of judicial magistrates serving in subordinate courts is vested in the president.
However, in the original 1972 Constitution, Article 116 stipulated that the control and discipline of persons employed in the judicial service and magistrates performing judicial functions would be vested in the Supreme Court.
