president’s authority over SC judges’ appointment

HC adjourns passing of order

The High Court (HC) yesterday adjourned passing its order on a writ petition that challenged the legality of the constitutional provision that allows the President to appoint Supreme Court (SC) judges and control lower court judges. The HC bench of Justice Quazi Reza-Ul Haque and Justice Mohammad Ullah passed the adjournment order saying that it would examine the petition as it is involved with some constitutional matter.
Advocate Eunus Ali Akond, who filed the petition, told reporters that the court kept the order “stand over” which means the HC adjourned passing order on the petition. The court will pass the order on the petition any day, he added. After concluding hearing on the petition, the same bench of the HC on November 21 fixed for yesterday to deliver its order.
On November 3, Akond had filed the petition before the HC, challenging the legality of Articles 116 and 95(1) of the Constitution which give the President such power. The petitioner prayed to the HC to declare these provisions unconstitutional.  Article 95(1) 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.”

presidents authority over SC judges appointment

HC adjourns passing of order

The High Court (HC) yesterday adjourned passing its order on a writ petition that challenged the legality of the constitutional provision that allows the President to appoint Supreme Court (SC) judges and control lower court judges. The HC bench of Justice Quazi Reza-Ul Haque and Justice Mohammad Ullah passed the adjournment order saying that it would examine the petition as it is involved with some constitutional matter. Advocate Eunus Ali Akond, who filed the petition, told reporters that the court kept the order stand over which means the HC adjourned passing order on the petition. The court will pass the order on the petition any day, he added. After concluding hearing on the petition, the same bench of the HC on November 21 fixed for yesterday to deliver its order. On November 3, Akond had filed the petition before the HC, challenging the legality of Articles 116 and 95(1) of the Constitution which give the President such power. The petitioner prayed to the HC to declare these provisions unconstitutional. Article 95(1) 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.