After 53 years of independence, an interim government is finally taking steps to legislate for appointment of high court judges. Several sources said that the issue was discussed in the full court meeting of the Supreme Court on November 4. According to various sources of the Supreme Court, an initiative has been taken to enact the Independent Appointment Commission Act for transparency in the process of selecting qualified and competent judges.
Chief Justice Syed Refat Ahmed presided over the recent meeting attended by judges of both divisions of the Supreme Court. The chief justice said that if some judges raised the issue of the appointment process in the high court, then initiative would be taken in this regard.
It is known that now the method of appointing judges in the high courts of India and Pakistan, Bangladesh's neighbors and political and administrative predecessors, is being looked into. On the model of those two countries, who will be in the commission, how the commission will select judges for appointment – these things are being investigated. If everything is final, it will be sent to the ministry as soon as the Chief Justice orders.
After the political change on August 5, as part of ensuring the independence of the judiciary, the issue of appointment of judges has been discussed anew. Lawyers and related parties are giving different opinions on this matter. Former Chief Justice Syed Mahmud Hossain said in his farewell reception on his last working day in 2021, it is essential to legislate in the appointment of judges. This will make the process of appointment of judges more transparent and speedy and remove the 'baseless perception' among people about transparency in appointment of judges.
Dr. Syed Refat Ahmed was appointed as the new Chief Justice two days after the formation of the interim government of Muhammad Yunus. In his address to the judges of the subordinate courts on September 20, he spoke about the need to enact a specific law for the appointment of judges to the Supreme Court. He expressed hope that appropriate policies will be formulated in the matter of appointment and promotion of judicial courts.
In the first constitution of the country adopted in 1972, it was said to legislate for the appointment of judges. However, despite the demands of lawyers for a long time, the law has not been enacted for the appointment of judges. Legal experts say that for a strong and independent judiciary, it is necessary to have a separate secretariat and law for the appointment of judges. Political governments have not done that for so long. Therefore, they hope that the law will be made during the current non-partisan interim government.
Barrister AM Mahbub Uddin Khokon, president of the Supreme Court Bar Association, expressed his anger in a discussion meeting on November 4 due to the lack of law on the appointment of judges. He said, 'At the time of appointing a judge in the lower court, you cannot apply if you are in the third class, you need talent. After becoming a district judge, they came to the Supreme Court as judges. And here (in the High Court) the party has to do. Because there is no law.'
Ruhul Quddus Kajal, senior lawyer of the Supreme Court, asked about this, said, “The constitution has said to enact a law to determine the qualifications for appointing judges to the high court. But no law has been made even after independence. Unqualified people have also been appointed at various times because the law has not been made. Party loyalty is given more importance than merit. That is why the judiciary is in this state today. So there is an immediate need to legislate the qualifications of judges. It is very important to form a commission for appointment of judges in the high court.
According to Article 95 of the Constitution, the President appoints the judges of the Appellate Division of the Supreme Court and the High Court Division. Article 2(a) of Article 95 regarding the qualifications for appointment of judges states that the Supreme Court must have at least 10 years of experience as a lawyer. Clause (b) states that he shall have served in a judicial post for at least 10 years and clause (c) states that he shall not be eligible for appointment unless he has the qualifications prescribed by law. But even though the statutory qualification was mentioned, it was not enacted.
In 2010, a lawyer in the Supreme Court filed a writ seeking directions to formulate a policy for the appointment of high court judges. On June 6 of that year, the High Court ruled in the preliminary hearing of the writ. In the judgment passed by the court after settling the rule, seven points were observed about the eligibility of appointment of judges. The judgment said that a person should be at least 45 years old to become a judge of the Supreme Court. Judges should have at least three years of judicial experience in District and Sessions Courts. There should be confidence in the four basic principles of the country and the liberation war. The person recommended should have very good academic record, rich professional skills, legal acumen and work concentration. The full copy of the judgment was published on 23 May 2017.
Syed Aminul Islam, a member of the Judiciary Reform Commission, told Ajker newspaper, “It is on our agenda,” when asked about the initiative to legislate on the appointment of judges. The matter has been discussed. But nothing final has been done yet.'
