& çâÌæÚUæð´ ·¤è ¥ôÚU Îð¹Ùæ ÁæÚUè ÚU¹ð´ ¥ÍæüÌ ¥ÂÙð ÜÿØ ÂÚU ŠØæÙ ÚU¹ð´Ð ãæÚU Ù ×æÙð´, €UØô´ç·¤ ·¤æ× ·¤ÚUÙð âð ¥æÂ·¤ô ©gðàØ ·¤è Âýæç# ãôÌè ãñ ¥õÚU ÁèßÙ ·¤æ ¹æÜèÂÙ ÎêÚU ãôÌæ ãñÐ ÖÜð ãè ÁèßÙ ×ð´ ç·¤ÌÙè Öè ·¤çÆÙæ§ü €UØô´ Ù ¥æ°, çÁ™ææâæ ¥õÚU ©ˆâæã ÕÙæ° ÚU¹ð´Ð ŠØæÙ ÚU¹ð´, ÜÿØ ã×ðàææ ¥æÂ·Ô¤ Âæâ ãôÌð ãñ´ çÁ‹ãð´ ÂæÙð ·Ô¤ çÜ° ÂýØæâ ¥æÂ ·¤Öè Öè àæéM¤ ·¤ÚU â·¤Ìð ãñ´Ð

Govt sidelines Attorney General in sub-judges case

By Staff Correspondent
The Writ petition, moved by 12 members of the Bar from around the country, challenging the government decision on the promotion of sub-Judges was partially heard yesterday .The hearing was later adjourned until early next month.
In the morning session, senior Supreme Court Advocate Dr Rafiqur Rahman submitted that he had been engaged by the government for the case, thus replacing the Attorney General.
To which, the Court, consisting Justice Anwarul Haque Choudhury and Justice KM Hasan, expressed surprise and enquired about what had happened to Attorney General AminulHuq.
The court expressed the desire to hear the Attorney General, not present at the time, at 2pm and said that the Court had a right to hear the Attorney General as an Amicus Curie' — as a Court Counsel — if not as a government counsel.
Later, in the afternoon
session the Court sought clarifications on the 'locus standi' of the peUtioners as aggrieved persons while the Attorney General, moved for adjournment saying that due to ill health he could not make contact with higher ups and the matter that it needed sound deliberation'.
The case will be considered as part heard' and will appear on January 3 after the court reopens following the vacation which begins today.
Hearing of the petition.
moved on behalf of the petitioners by Barrister Amir ul Islam in the Divisional Bench of the High Court Division of the Supreme Court November 29. was rescheduled as it could not be heard on Tuesday due to the hartal.
Saying that the petition dealt with "very unusual matters", the Court asked questions with regard to the 'locus standi' and cited an earlier Judgement given by Justice Mustafa Kamal which
said: One must be directly an aggrieved person " to file a Writ petition.
Barrister Islam submitted that this case was not in any representative capacity but that the petitioners themselves were the aggrieved
"And they being conscientious citizens and prominent members of the Bar and practicing tn the subordinate courts feel aggrieved as they are experiencing the Interference
and perceived impression of the litigant people about the subordinate judiciary."
It is therefore, he added, most vitally submitted that the credibility and image of the subordinate judiciary needs to be protected which is ■ condition precedent to protection of rule of law
"The petitioners are also directly aggrieved in context of the society and I am also affected directly aa I have to appear in the court everyday,
he saki
At thia point the Attorney Oencral sought the adjournment. He submitted to the court that as he had been recently admitted to the Diabetic Hospital for five days, he "could not make any contact" with higher ups tn the government as per his earlier statement
The Attorney General had sought 10 days time, assuring the Court of "discussing the matter with the highest authority of the country with a view to bringing about a happy solution to the working of the constitution," the day the Writ application was moved.
Since it Is n legally uupur taut Jhat.hle matter and it ilrrdw sound dr!*w-ratfon« an the matter, may Lc adjourned Hll the n ।taint "" l!.* C-.uti^-eittcr the .ae^Uuii. AuufaslH-iq said ui tua aubnilsstMO urintt the liearlng yesterday
It also transpired in the Court tn course of the submission by the Attorney General that the government was considering consulting with the Supreme Court regarding the posting, promotion and grant of leave of Magistrates performing judicial functions.
The Writ was filed challenging the exercise of power by the President while promoting subordinate judges without consulting the Supreme Court and the impugne' action of the Law Ministry in allowing two of the sub Judges to be superseded.
The respondents In the petition Included the Law Minister and Bangladesh through the Cabinet Secretary, the Secretary. Ministry of Law. and the Secretary, Ministry of Establishment.
The petitioners Included Syed Mahbub All and Khandaker Abdul Mannan, President and General Secretary respectively of the Dhaka Ainjlbl Samity.
Barrister Islam was assisted by, among others. Barrister Shafique Ahmed, Shirin Ahmed Choudhury and Delwar Hossain.