HC judgment on rule over legality of article 116 of Constitution Sept 2

BSS
Published On: 13 Aug 2025, 18:29
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DHAKA, Aug 13, 2025 (BSS) - The High Court (HC) today set September 2 for pronouncing judgment on a rule that had asked the authorities concerned to explain why it shall not declare illegal Article 116 of the Constitution.

"Hearing concluded and judgment on September 2, 2025," said a High Court division bench of Justice Ahmed Sohel and Justice Debasish Roy Chowdhury.

Advocate Mohammad Shishir Manir argued for the rule while Attorney General Md  Asaduzzaman stood for the state. Senior Advocate Sharif Bhuiyan took part in the hearing as amicus curiae. 

According to the article, 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 functions shall be vested in the President and shall be exercised by him in consultation with the Supreme Court (SC).

The petitioners made secretaries of the Legislative and Parliamentary Affairs Division, Law and Justice Division and Supreme Court Registrar respondents in the writ. 

The High Court on October 27, 2024, issued the rule after holding a hearing on a writ petition filed by seven SC lawyers.

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