Clear law for SC judges' appointment prerequisite

Constitution and legal experts at a roundtable yesterday called for enacting an unambiguous law in line with the constitution for the appointment of judges to the Supreme Court (SC) so as to ensure the judiciary's independence.

The discussants, including the SC's former judges and practicing lawyers and law professors, deplored the formulation's delay, stating that the 1972's constitution had talked about such a law.

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The chief justice usually suggests the names upon an "unofficial request" from the government and the president then appoints them, said sources in the SC and law ministry.

Shushashoner Jannoy Nagorik (SHUJAN) organised the roundtable, "What Should Be Done for Ensuring Independence and Effectiveness of the Judiciary", in the capital's Jatiya Press Club with its president, M Hafiz Uddin Khan, in the chair.

Eminent jurist Dr Kamal Hossain said the number of SC judges between 2008 and 2011 rose from 60 to 95 and the SC's Appellate Division in a 2009 verdict had directed enacting the law.

"Why has the verdict been ignored for this long?" said Dr Kamal, one of the framers of the constitution. People have the right to know and the "state's structure" will break down if the judiciary can not function independently, he said.

Placing the keynote, another eminent jurist Dr Shahdeen Malik talked about article 95(2)(C) of the constitution and pointed out that the law was not formulated in the last 40 years.

It states, "A person shall not be qualified for appointment as a judge unless he is a citizen of Bangladesh and has such qualifications as may be prescribed by law for appointment as a judge of the Supreme Court."

He recommended replacing articles 115 and 116 with those in the 1972's constitution for ensuring the complete separation of the judiciary from the executive and setting up a separate judicial administration.

Former SC judge MA Matin, former election commissioner Brig Gen (retd) M Sakhawat Hussain, local government expert Tofail Ahmed, SC lawyers Subrata Chowdhury and Mohsin Rashid, former state minister for foreign affairs Abul Hasan Chowdhury and Prof Asif Nazrul of Dhaka University also spoke while SUJAN Secretary Badiul Alam Majumdar moderated the discussion.