HC stays appointment of Zahirul Haque as law secretary for three months

The High Court has stayed the contractual appointment of Abu Saleh Sk Md Zahirul Haque as law, justice and parliamentary affairs secretary for three months.

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Justice Syed Muhammad Dastagir Husain and Justice Md Ataur Rahman Khan issued the decision on Tuesday during a hearing of the rule on the issue.

Lawyers AJ Mohammad Ali and Jainul Abedin represented the petitioners at the hearing.

Attorney General Mahbubey Alam represented the law secretary, accompanied by lawyers Yusuf Hossain Humayun and SM Rezaul Karim and Deputy Attorney General Amit Talukder.

“This appointment is illegal and improper,” Jainul Abedin told reporters after the decision. “We challenged the validity of the appointment in a writ petition. On Aug 8 the court issued an initial rule on the matter. Today they have stayed the appointment for three months.”

Zahirul Haque, who took charge as the law and justice secretary in February 2015, was scheduled to retire on Aug 7.

On Aug 6 the government appointed him to the same post on a two-year contract.

A Supreme Court lawyer, Mohammad Ashrafuzzaman, filed a writ petition on Aug 8 challenging the 'legitimacy' of Zahirul Haque's contractual appointment.

AJ Mohammad Ali, who argued on behalf of Ashrafuzzaman, said the Supreme Court's consultation is required in appointing judicial service officials following Section 116 of the Constitution, but it was not followed in Zahirul's case.

In addition, no official outside the judicial service can be appointed as law secretary, he argued at the hearing, adding that Zahirul is 'no longer in the judicial service'.

"Even the Appellate Division had said in a verdict that there is no scope for contractual appointment to this post," he said.

Attorney General Alam, and his deputies Motahar Hossain Saju and Amit Talukder stood for the State.

Attorney General Alam told the media there is no provision for consulting the Supreme Court in such appointments. "Zahirul Haque was not brought from outside the judicial service."

Citing the Public Service Retirement Act, the attorney general said: "And the president can appoint any person contractually in public interest, no matter what the other laws say."

He also said the Appellate Division verdict on contractual appointment applies to those who are from outside the corresponding service.

The High Court responded to the petition on Aug 8 and issued a rule asking why the government why the contractual appointment of Law Secretary Abu Saleh Sk Md Zahirul Haque and the gazette on the appointment would not be declared unlawful.