The High Court on Sunday issued a rule asking the authorities concerned to explain as to why the articles 115 and 116 of the Constitution relating to the recruitment, transfer and promotion of lower court judges should not be declared unconstitutional.
An HC bench comprising Justice Quazi Reza-Ul Hoque and Justice Mohammad Ullah passed the order following a writ petition filed by Supreme Court lawyer Advocate Eunus Ali Akond.
The court also wanted to know why the articles 95 (2), 98 and 48 (3) of the Constitution should not be declared unconstitutional.
The Cabinet Division Secretary, Law Secretary, Jatiya Sangsad Speaker and Supreme Court Registrar General have been asked to respond to the rule within four weeks.
Advocate Eunus Ali Akond argued for himself while Attorney General Mahbubey Alam and Deputy Attorney General Taposh Kumar Bishwas represented the state.
Talking to reporters, Mahbubey Alam said the writ petition was filed challenging several articles of the Constitution to increase the power of the Chief Justice.
“I think the dignity of the judiciary remains high at present,” he said.
Advocate Eunus Ali told reporters that the court issued rules to uphold the freedom of the judiciary.
On November 3 last, Advocate Eunus Ali Akond filed the writ petition challenging the legality of five articles, including 95 (2) and 116 of the Constitution.
The writ came following the remarks of Chief Justice SK Sinha that the article 116 of the existing Constitution is one of the main reasons behind the slowness of the judiciary.