The New Nation - Internet Edition

Bdnew24.com, Dhaka

The High Court has seized the president's special power to discount the recommendations of the Supreme Judicial Commission in appointing judges to the higher court.

A three- member strong special bench of justices MA Rashid, Nazmun Ara Sultana and Md Ashfaqul Islam yesterday scrapped Section 9 (4) of the Supreme Judicial Commission Ordinance that gave the president the special power-by 2 to 1 votes.

Senior judge Rashid termed the entire Supreme Judicial Commission ordinance unconstitutional and ruled it cancelled after a writ petition had been filed.

The other two judges commented that the president's special power was against the spirit of the ordinance and that it rendered the ordinance pointless, a consideration that prompted them to scrap section 9 (4) of the ordinance that vested the special power on the head of the state.

It means the High Court has partially scrapped the Supreme Judicial Council Ordinance. However, since the issue involved legal issues and constitutional explanation, the court observed that the petitioner might appeal against the verdict.

Writ petitioner Idrisur Rahman and his counsel Dr Shahdin Malik said they had won "90 percent in the verdict".