Dhaka, March 18 (bdnews24.com)—The Appellate Division cancelled a High Court summons Tuesday for a record of the chief justice's recommendation to the president on appointment of 11 judges in 2001.
The full bench of the Appellate Division led by chief justice Md Ruhul Amin granted the government appeal against the High Court summons.
In Feb 2001, during Awami League's term in government, 11 temporary judges including Shamsul Huda Manik were appointed to the High Court.
During the BNP-led alliance government, in 2003, only Syed Mahmud Hossain and Iman Ali, from among the 11 judges, received permanent appointments.
Judges Shamsul Huda Manik, Hasan Faez Siddique and Faruque Ahmed filed three separate writ petitions challenging the legality of the appointments.
The then chief justice, Mainur Reza Chowdhury, formed a special High Court bench consisting of then justices Hamidul Haque, Amirul Islam and Md Ruhul Amin to hear the petitions.
The bench on May 27, 2003, sought the files, with the chief justice's recommendations to the president, regarding appointment of the 11 justices.
The government sought permission to appeal against the summons for the files; the Appellate Division accepted the appeal on June 7, 2003, staying the HC summons.
Immediately after the announcement of Tuesday's verdict, barrister Amir-ul Islam in the court moved to form a special bench for hearing the writ petition filed by the judges who were deprived of appointment.
He said of the three-member special bench formed by the chief justice to hear the petition, two justices had retired. Another is now a justice in the Appellate Division.
"Formation of a new special bench is necesssary," barrister Amir-ul said.
The appellate bench replied that the writ petition was being moved in the High Court and would therefore could up on the cause list of any bench of the High Court for hearing.
Then the question of formation of a special bench would arise thereafter, the bench said.
If necessary, the chief justice can form a bench in two hours, it added.
Deputy attorney general MA Azim Khair Mannan participated in Tuesday's appeal hearing on behalf of the government. Barrister Amir-ul Islam stood for the judges who were deprived of permanent appointment.
Barrister Amir-ul Islam told bdnews24.com: "The Appellate Division has cancelled the High Court order summoning the record."
"I moved for immediate formation of a special bench to hear the original writ petition."
"The court has advised taking the matter to the High Court. A request to the High Court will be made soon for hearing of the original writ petition," barrister Amir-ul said.
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