The High Court (HC) yesterday fixed February 27 for delivering its order on a writ petition filed challenging the legality of the president’s authority to appoint Supreme Court judges and control the lower court judges. After concluding hearing on the petition, the HC bench comprising Justice Quazi-Reza-Ul Huq and Justice Mohammad Ullah yesterday fixed the date for passing its order. On November 3 last year, Advocate Eunus Ali Akond filed the petition with the High Court challenging the legality of Article 95 (1) and 116 of the Constitution, the two provisions that empowered the president to appoint SC judges and control the lower court judges. The petition sought HC order to declare Article 95 (1) and 116 of the Constitution illegal.
The petition said that the Article 95 (2) of the Constitution has empowered the president to appoint SC judges in consultation with the chief justice and Article 116 has allowed the president to appoint lower court judges and to promote them and grant their leave.  However, under Article 48 (3) of the Constitution, the president acts on advice from the prime minister and therefore, the president is not independent, the petition noted.  The authority to appoint the SC judges and to control the lower court judges should be vested in the SC, under the Constitution and in line with the SC judgement in Masdar Hossain case, the petition added.