The High Court has issued a rule asking why the provision for immunity, which prevents the appointment of the chief election commissioner (CEC) and election commissioners (EC) in 2014 and 2018 from being challenged in any court, should not be declared illegal.
The High Court bench comprising Justice AKM Asaduzzaman and Justice Muhammad Mahbub ul Islam issued the rule after hearing a writ petition on the matter on Tuesday.
Advocate Mohammad Shishir Manir represented the petitioners in court.
Earlier, a writ petition was filed challenging the legality of the immunity granted in 2014 and 2018, which stated that no legal questions could be raised in any court regarding the appointment of the Chief Election Commissioner (CEC) and Commissioners (EC). The writ sought a rule on why this immunity should not be declared unconstitutional.
The secretaries of the Ministry of Law and the Election Commission were named as respondents in the petition.
The writ was filed in the public interest by 10 Supreme Court lawyers.
Advocate Shishir Manir said that the writ challenges Section 9 of the Chief Election Commissioner and Election Commissioner Appointment Act, 2022.
This section states that the appointments of the CEC and other ECs, based on the recommendations of a search committee previously formed by the president, cannot be questioned in any court.
Shishir Manir argued that Section 9 undermines the judiciary's power by removing the right to challenge these appointments in court, which contradicts Articles 26, 27, and 31 of the Constitution and violates the principle of separation of powers and judicial independence.
He further stated that the independence of the judiciary is a fundamental structure of the Constitution, and this structure has been compromised by Section 9 of the Act.