At least 15 lower court judges, currently under investigation by the Anti-Corruption Commission for alleged corruption during the Awami League regime, may have been involved in a network of transfer and posting syndicates with links to the law ministry, lawyer Mohammad Shishir Manir told the High Court on Thursday.
His remarks came during a hearing on a writ petition that sought to restore the Supreme Court鈥檚 exclusive authority to control, discipline, and transfer subordinate court judges 鈥� a power originally granted under Article 116 of the 1972 Constitution.
The High Court bench of Justice Ahmed Sohel and Justice Debashish Roy Chowdhury set April 29 and April 30 for further hearings on the petition filed by Supreme Court lawyer Saddam Hossen and nine others.
The High Court on October 27, 2024, after hearing the writ petition, issued a ruling questioning the constitutionality of the existing Article 116.
The provision, amended during successive regimes, currently empowers the president to oversee the appointments, promotions, transfers, and disciplinary matters of lower court judges 鈥� in consultation with the Supreme Court.
The High Court asked the interim government to explain within four weeks why Article 116 should not be declared unconstitutional. It noted that it had created a dual administrative structure between the law ministry and the judiciary.
This dual control undermines the independence of the judiciary, lawyer Shishir Manir argued.
鈥楥urrently, the law ministry, in consultation with the Supreme Court, handles the administrative control of lower court judges. This structure makes the Supreme Court merely a consultant rather than the final decision-maker,鈥� he said.
He urged the High Court to strike down the current form of Article 116 and restore the judiciary鈥檚 full authority as envisioned in the 1972 Constitution.
鈥楾he president鈥檚 power under Article 116 is effectively exercised by the law ministry, which leads to executive control over judicial matters,鈥� Shishir added.
He further called for the establishment of a separate judicial secretariat under the supervision of the chief justice to eliminate dual control and ensure judicial independence.
鈥楾he existing structure allows undue influence, where lower court judges become vulnerable to political interference and pressure,鈥� he said.
Shishir alleged that several subordinate court judges were used as political tools by the governments in the past due to this dual administrative mechanism.
He cited an incident where a judge attended a farewell party for a witness who had just testified before him in court.
Referring to the 15 judges now under the ACC鈥檚 watch, Shishir claimed that they were parts of a syndicate that exerted undue influence over judicial appointments and disciplinary actions.
The law ministry, on Tuesday, sought service details of these judges from the Supreme Court following ACC鈥檚 request.
鈥楾hese judges established an ecosystem of hegemony within the judiciary by manipulating transfers, promotions, and disciplinary actions to serve their interests,鈥� he said.聽
The High Court鈥檚 ruling questioning the constitutionality of the existing Article 116 came on October 27, 2024, the day when chief justice Syed Refaat Ahmed submitted a comprehensive proposal to the Ministry of Law, Justice, and Parliamentary Affairs to establish a dedicated judicial secretariat under the Supreme Court.
Officials told 抖阴精品 that the CJ鈥檚 proposal was now under the law ministry鈥檚 consideration.