Moudud backs judge's appointment

Appointment of a judge to the Appellate Division from the judges of the High Court Division is "not a promotion, it is a fresh appointment" made by the president, he said in his statement to UNB.

The statement came from the law minister in the wake of agitation by the lawyers of the Supreme Court over the appointment of Justice M M Ruhul Amin superseding the senior judge at the High Court Division, Justice Syed Amirul Islam.

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In his statement, Moudud referred to a judgment delivered by Justice Syed Amirul Islam himself on this matter on June 3, 2001 in response to a writ petition.

The judgment, as quoted by the law minister, said: "We are of the opinion that if a judge of this Division is elevated to the Appellate Division it should not be on the basis of seniority alone, rather it should be on the basis of seniority-cum-merit".

"The hard reality is that the quality of the judges of this Division though are of a satisfactory level, but all are not equal. Some of them are more brilliant than others. Thus, if seniority be the sole criterion for elevation then the most brilliant may be left behind and the less competent may be elevated to the Appellate Division simply because he was appointed as a judge of this Division earlier than the others."