Dhaka, Dec 12 (bdnews24.com) – The High Court Wednesday declared the appointment of justice MA Aziz as chief election commissioner illegal.
The bench of justices ABM Khairul Huq and Syed Mohammad Ziaul Karim made the ruling on a writ petition filed by three Supreme Court lawyers, including advocate Ruhul Kuddus Babu.
In the verdict, the court recommended an amendment to the constitution and making laws banning appointment of Supreme Court judges to any post within three years of retirement.
According to the constitution, the appointment of a serving Supreme Court judge to any other post is illegal, the HC said.
The government appointed justice MA Aziz as chief election commissioner on May 23, 2005 when he was a serving Appellate Division judge.
Following a writ petition against the appointment, the HC on June 18, 2005 issued a
rule nisi
on the government and MA Aziz asking them to explain why holding the post of CEC by Aziz while serving in the Appellate Division would not be declared illegal.
In May, the court held a 10-day hearing on the appeal where legal experts Dr Kamal Hossain, Barrister Amir-ul Islam, former attorney general Mahmudul Islam, former judge TH Khan and Dr Shahdin Malik gave explanations on the matter.
Aziz went on a leave on Nov 22, 2006—never to return—in the wake of violent protests by the Awami League and other political parties.
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