Judges’ appointment by president: HC order tomorrow

The High Court has fixed tomorrow for passing an order on a writ petition that challenged legality of constitutional provision that allows the president to appoint Supreme Court judges and control lower court judges.
The HC bench Justice Qazi Reza-Ul Haque and Justice Mohammad Ullah set the date today after hearing the petition filed by a Supreme Court lawyer.
On November 3, Advocate Eunus Ali Akond filed the petition with the HC challenging the legality of Article 116 and 95 (1) of the constitution that empowered the president in these grounds.
Eunus in the petition prayed to the HC to declare those provisions unconstitutional.
Article 95 (1) of the constitution says, "The Chief Justice shall be appointed by the President, and the other Judges shall be appointed by the President after consultation with the Chief Justice."
Article 116 says, "The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the President and shall be exercised by him in consultation with the Supreme Court."
Citing from the writ petition, Eunus earlier said that the president acts on advice from the prime minister under Article 48 (3) of the constitution and therefore, the president is not independent.
He added the judiciary is independent under Article 22, 94 (4) and 116A of the constitution and in the light of SC judgment in Masdar Hossain case.
So the SC should be vested with the authority to appoint the SC judges and to control the lower court judges, under the constitution, he said.