Appointment of magistrates challenged

The order came upon a writ petition filed as public interest litigation (PIL) by Human Rights and Peace for Bangladesh (HRPB), a human rights organisation, and Quazi Abdul Hannan, special correspondent of daily Samokal.

The rule issued by a division bench of Justice MA Matin and Justice ATM Fazle Kabir is returnable in three weeks.

The HRPB and the journalist filed the writ petition challenging the validity of the appointments of the magistrates and the orders and judgements passed by them since June 17, 1999.

Secretaries of the establishment and law ministries and the registrar of the Supreme Court were made respondents in the PIL case.

Moving the writ, Advocate Manzill Murshid submitted that the action of the government in appointing the magistrates at district level without consultation with the Supreme Court is a "flagrant violation" of the Article 116 of the Constitution.

Citing Article 116, he said that 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 function, shall vest in the President and shall be exercised by him in consultation with the Supreme Court.

He further submitted that such appointments are also "ultra vires" to the judgement made by the Supreme Court in December 1999 in the Masder Hossain case that put all the subordinate courts, including magistracy, under control of the Supreme Court.

"The unilateral action of the government undermines the image and prestige of the highest judiciary, if such act of the government goes unchallenged," the lawyer said.