Entrust lower court judges to SC: SCBA
The Supreme Court Bar Association (SCBA) leaders yesterday demanded of the government to restore Article 116 of the constitution of 1972, which had empowered the Supreme Court to deal with posting, promotion, and grant of leave of lower court judges.
Article 116 of the 1972 Constitution is now missing due to its drafting and reprinting by the government, SCBA President Khandker Mahmud Hossain said, adding that a standstill and disappointing situation has been created in the activities of lower courts.
He said this at a press conference at his SCBA office room yesterday afternoon. SCBA Secretary Bodruddoza Badal and Assistant Secretary Morshed Al Mamun Litan, among others, were present there.
Khandker Mahbub Hossain said that as per the provision of Article 116 of existing drafted constitution, the president of the country deals with the posting, promotion, and grant of leave of lower court judges.
Therefore, the control of lower judiciary has gone under the executive, which is against the SC directives in the verdict of Masdar Hossain case popularly known as separation of judiciary case.
Attorney General Mahbubey Alam told The Daily Star that there is no confusion in exercising Article 116 of Constitution, since the government is dealing with posting, promotion, and grant of leave of lower court judges in consultation with the SC as per the directive of Masdar Hossain case.
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