Retd HC judges can practise at apex court
The Supreme Court yesterday allowed the retired and removed High Court judges to practice law in the Appellate Division and to hold any judicial or semi-judicial post in a major step in line with a previous constitutional provision.
A seven-member bench of the Appellate Division headed by Justice SK Sinha came up with the order after granting a petition filed by the government on Tuesday.
The apex court order, however, said the retired or removed HC judges will be able to practice in the Appellate Division and hold offices till December 31, 2012 so that the parliament takes a decision in this regard within this period.
Article 99 (2) of the constitution that permits the former HC judges to practice law at the Appellate Division and to hold any judicial or semi-judicial post was inserted in the constitution with the Fifth Amendment.
But, the Supreme Court has upheld a HC verdict declaring the Fifth Amendment illegal and made some observations.
The Appellate Division in the judgment on the constitution's fifth-amendment case, however, did not specifically say anything about article 99 (2), and the government has reprinted the constitution excluding article 99 (2), which meant that the former HC judges could not practice at the Appellate Division or hold the said posts.
The government on June 20 filed a petition seeking restoration of the constitutional article 99 (2).
The petition prayed to the SC to modify its observations in the judgment on the fifth- amendment to the constitution so that this article can be restored and remains in effect until the parliament amends the charter.
Attorney General Mahbubey Alam said the retired or removed HC judges can now practice law at the Appellate Division and can hold the judicial and semi-judicial posts until parliament takes any decision or till December 31, 2012 following the apex court order.
Article 99 (2) of the constitution has now come into force, he said, adding that the SC order, however, will remain valid until the parliament amends the constitution restoring this article or till December 31, 2012.
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