Dhaka: A High Court (HC) bench today sent a writ petition that challenged the legality of four sections of the Supreme Court Judges Appointment Ordinance, 2025, to the Chief Justice as a judge of the bench refused to hold the hearing due to his membership in the Supreme Judicial Council.
According to Bangladesh Sangbad Sangstha, Justice AKM Asaduzzaman, presiding judge of the bench, refrained from hearing the case as he is part of the Supreme Judicial Council, which was established under the ordinance in question. Consequently, the HC bench, which also includes Justice Syed Enayet Hossain, referred the writ petition to the Chief Justice for a decision.
The writ petition was filed on February 26 by Supreme Court lawyer Ajmol Hossain. It contests the legality of sections 3, 4, 6, and 9 of the ordinance, arguing that these sections contradict the constitution. The petition was filed as public interest litigation.
Senior lawyers Zainul Abedin, Ahsanul Karim, and Mohammad Shishir Manir represented the writ petitioner, while Deputy Attorney General Nur Mohammad Azmi appeared before the court on behalf of the state.
The ordinance, issued by the Law, Justice and Parliamentary Affairs Ministry on January 21, includes the establishment of a 7-member Supreme Judicial Appointment Council. This council, led by the Chief Justice, is tasked with selecting suitable candidates for appointment as judges to the Appellate and HC Divisions of the Supreme Court.