HC rejects writ against holding of AG post
The High Court (HC) yesterday summarily rejected a writ petition filed challenging the legality of holding the office of the Attorney General of Bangladesh by Advocate Mahbubey Alam. After concluding hearing on the petition, the HC bench comprising Justice Naima Haider and Justice Abu Taher Md Saifur Rahman passed the order. On November 10 last year, Supreme Court lawyer Eunus Ali Akond filed the writ petition challenging the legality of Mahbubey Alams holding of the AG office. Petitioner Advocate Eunus Ali Akond himself took part in the hearing in favour of the application while Senior Advocate Prabir Niogi and A M Amin Uddin and Additional Attorney General Murad Reza stood for Advocate Mahbubey Alam.
During the hearing, Akond said as per the constitution, the Chief Justice and the Attorney General could not run the office after crossing 67 years of age. The president appointed Attorney General Mahbubey Alam under Article 64(1) of the Constitution. According to this article, the president shall appoint a person as AG who is qualified to be a SC judge, Akond said in a legal notice which he issued on March 21.
The age limit for SC judged is 67 years. As Mahbubey Alam turned 67 years on February 17 last year, he cannot hold the Office of the Attorney General anymore, Akond said in the petition. The petitioner also said according to The Legal Remembrances Manual-1960, the posts of the Attorneys are for two-year term. But advocate Mahbubey Alam is holding the post for long eight years violating the rule. Earlier, on November 20, 2016 a judge of the High Court bench of Justice Quazi Reza-Ul Hoque and Justice Mohammad Ullah felt embarrassed to hear the petition. Then the Chief Justice sent the petition to a new a bench.
