HC stays judicial function of Mothbaria UNO

On May 22, the government issued a notification giving Abdus Salam, UNO of Matbaria, additional charge of exercising judicial function as magistrate.

Passing the interim order of stay, a division bench comprising Justice MA Matin and Justice ATM Fazle Kabir issued a rule upon the government to explain why the impugned notification without consultation of the Supreme Court "should not be declared unlawful".

The stay will continue until disposal of the rule, the court said.

The court orders came upon a Public Interest Litigation (PIL) writ petition challenging the validity of the notification as it "violated" provision of Article 116 of the Constitution.

This Article 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 function shall vest in the President and shall be exercised by him in consultation with the Supreme Court.

Advocate Manzill Murshid appeared for the petitioner, advocate Sarder Faruque Ahmed, president of Pirozpur District Bar Association.