The New Nation - Internet Edition

UNB, Dhaka

The hearing on a writ challenging the legality of the Supreme Judicial Commission Ordinance 2008, which provides for constitution of the recruitment body for the higher judiciary, takes place at a three-member larger bench of the High Court today.

Justice MA Rashid heads the three-member larger bench for hearing the case. The two other members are Justice Nazmun Ara Sultana and Justice M Ashfaqul Islam, court sources said.

Rights activist advocate Idrisur Rahman, who filed the writ petition in the form of Public Interest Litigation (PIL), told UNB yesterday that the larger bench was constituted by the Chief Justice as the matter involves constitutional interpretations.

Earlier, the larger bench in its sitting on July 1 appointed a seven-member panel of amicus curiae in aid of the court during hearing on the writ. They are Barrister Shafique Ahmed, TH Khan, Dr Kamal Hossain, Khondaker Mahbub Uddin Ahmed, Barrister Rafique-ul Huq, Mahmudul Islam and Ajmalul Hossain,QC.

On April 28, the High Court, responding to the PIL writ petition, issued a rule on the government and the SC registrar to explain why the impugned ordinance 'should not be declared unconstitutional'.

President Prof Iajuddin Ahmed promulgated the Ordinance in March as part of government measures to do away with room for politicization in the appointment of judges to both the High Court and the Appellate Divisions of the Supreme Court.

The interim government took the initiative in view of a strong public demand as all the successive governments in the past had allegedly appointed judges to the apex court 'on political considerations' sans academic qualifications, professional skills, honesty and reputation.

The ordinance prescribes the formation of a nine-member commission headed by the chief justice which will recommend names for appointment as additional judges to the High court.

The commission will also recommend names of eligible candidates drawn from the HC Division for appointment as a judge of the Appellate Division.

According to the petition a number of provisions in the ordinance run counter to the independence of the judiciary since those allow the President to reject names recommended by the commission and give the executive 'complete control' over selection of the prospective judges.

Barrister M Amir-Ul Islam along with Dr Shahdeen Malik appears for the petitioner in the hearings commencing tomorrow.