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SC Judge Appointment

Govt gets 4 weeks to explain selection

HC also asks why specific guidelines should not be framed to ensure transparency

Staff Correspondent
The High Court yesterday directed the government to inform it within four weeks the process or system followed for selection of persons for appointment as judges both in the Appellate and High Court divisions of the Supreme Court since independence of the country.
It issued a rule asking the government
also to explain within the same period why specific guidelines should not be framed for the process of selection for such appointments to bring transparency and competitiveness in it.
Moreover, the government has to explain why the guidelines should not be published in the gazette notification, the HC rule said.
The law secretary was made respon-
dent to the rule.
An HC bench comprised of Justice Md Imman Ali and Justice Obaidul Hasan came up with the rule following a writ petition filed as a public interest litigation.
SC lawyer Raghib Rauf Chowdhury filed the petition praying for framing of specific guidelines for selecting persons for appointment as judges of the highest court
The petitioner stated that the existing process of selection lacks transparency and competitiveness since there is no specific guideline in this regard.
In such a situation, judges are being appointed through a very weak system, and a culture of nepotism has developed due to suggestions made by the executive, undoubtedly favouringpersons with similar political ideologies and political connection with the ruling party, the petition said.
The Supreme Court Bar Association (SCBA) has been opposing political selection of persons for appointment as SC judges, it said.
The petitioner mentioned that the President on April 11 appointed 17 additional judges in the HC Division of the SC as per Article 98 of the Constitution after consultation with the chief justice. But in the face of protest from the SCBA, the chief justice administered oath to 15 of the appointees.
The petition quoted an HC observation in a verdict on August 7, 2008, as saying, “Appointment of judges of the Supreme Court is alleged to have been politicised in recent past, which has been severely questioned and criticised".
Contacted yesterday, Law Minister Shafique Ahmed said the government is now following the convention and SC guidelines in respect of appointment of judges of this court.
The government selects persons after consulting the chief justice, and the president then appointments them as judges, he said.
The law minister also said the government will act as per the HC directives.
Barrister Hassan MS Azim and advocates Mirza Al Mahmood and Kamal Hossain appeared for the petitioner.