A parliamentary watchdog yesterday asked the law ministry to enact a law on the appointment of Supreme Court judges in line with the constitutional provision that stipulates formulation of such law.
No governments since the birth of Bangladesh has initiated to pass a law defining qualifications [excepting the qualifications enshrined in the constitution] to become a Supreme Court judge, though article 95 (2) (c) directed parliament to frame such a law.
The article 95 only says a Bangladeshi national serving as an advocate of the supreme court for at least 10 years or holding a judicial office for at least 10 years are eligible to become Supreme Court judges.
It also stipulates that a Bangladeshi meeting the two aforesaid criteria can be appointed as a Supreme Court judge having “such qualifications as may be prescribed by law.”
But no government has ever initiated any move to define “such qualification” in the form of a law on the basis of which judges can be appointed to the apex court.
Law Minister Anisul Huq at the meeting of the parliamentary standing committee on law ministry agreed in principle on the issue, committee member Abdul Matin Khasru said after the meeting at the parliament building.
The 10-member watchdog of the 10th parliament at its maiden meeting, with its Chairman Suranjit Sengupta presiding, recommended passage of the Supreme Court Judges (remuneration and privileges) Bill-2014, tabled in parliament on March 15.
“We have recommended enacting law on the appointment of the Supreme Court judges for a better judiciary,” said MatinKhasru, a former law minister and a lawyer practicing in the apex court.
He said the chairman raised the issue while discussing the pay hike of the justice as proposed in the law.
The meeting sources said, Suranjit Sengupta said some previous appointments of the Supreme Court judges sparked controversy as there was no law in this regard. He also said the government should reform the judiciary for a vibrant democracy.
Immediate past law minister Shafique Ahmed however told the 9th parliament that the government had no plan to enact a law on the appointment of the Supreme Court judges.
Jatiya Party MP Mujibul Haque (Chunnu), now state minister for labour and employment, tabled a private-member bill detailing some qualifications of the apex court judges. He proposed formation of the supreme judicial commission headed by the chief justice.
While delivering his speech on the president’s parliamentary address Mujibul Haque Chunnu said some controversial persons were appointed as judges.
“I will urge the government to pass a law on appointment of the Supreme Court judges having better academic records,” he said.
According to the Supreme Court Judges (remuneration and privileges) Bill-2014, the government has proposed to increase50% hike in the basic salary of the apex court judges.
The committee members Tajul Islam Chowdhury, Shahara Khantun, Md Abdul Majid Khan, Talukder Md Yunus and Ziaul Haque Mridha attended the meeting.