HC ‘embarrassed’ to hear petition challenging SC Judges appoinment

Staff Reporter :

A judge of a High Court bench felt embarrassed on Monday to hold hearing of a writ petition that challenged the legality of four sections of the Supreme Court Judge Appointment Ordinance, 2025.

Justice AKM Asaduzzaman, presiding judge of the bench, refused to hold the hearing as he is a member of the Supreme Judicial Council, which has been established under the ordinance.
The bench of Justice AKM Asaduzzaman and Justice Syed Enayet Hossain also said it will send the petition to the chief justice for a decision.

Chief Justice Syed Refaat Ahmed will now assign a bench for hearing and disposing of the matter, writ petitioner’s lawyer Advocate Md Ajmol Hossain Khokon told The Daily Star.

Lawyers Zainul Abedin, Ahsanul Karim and Mohammad Shishir Manir appeared for the writ petitioner.

On February 26, Supreme Court lawyer Ajmol Hossain filed the writ petition with the High Court challenging the legality of four sections of the ordinance. He submitted the petition as public interest litigation to the HC saying that sections 3, 4, 6 and 9 of the ordinance are contradictory to the constitution.

Sections 3, 4, 6 and 9 deal with the establishment of the Supreme Judicial Appointment Council; functions of its secretary; powers and functions of the council; and recommendation for appointment of judges of the Appellate Division of the SC respectively.

In the writ petition, the lawyer prayed to the HC to issue a rule asking the law secretaries to explain why those sections should not be declared contradictory to the constitution and to stay the operation of the ordinance till disposal of the rule.

Earlier on January 21, the law ministry issued the ordinance containing the provision for establishing the seven-member Supreme Judicial Appointment Council led by the chief justice in order to select suitable persons for appointing judges to the Appellate and HC Divisions of the SC.