The Appellate Division of the Supreme Court has allowed a former additional judge to appeal a High Court dismissal of writ petitions challenging the government’s decision to not permanently appoint him as a Hight Court judge.
Justice ABM Altaf Hossain was granted leave yesterday to appeal against a High Court dismissal of two writ petitions.
By granting the leave to appeal petition an eight-member full bench, led by Chief Justice Mohammad Muzammel Hossain, paved the way for Altaf to continue his appeal.
The apex court fixed November 26 for the hearing on the writ petitions.
The court also appointed seven senior lawyers amici curiae to assist the court with legal and constitutional explanations in this regard.
The seven lawyers are Mahmudul Islam, Dr Kamal Hossain, Barrister Amir-Ul Islam, AF Hasan Arif, Abdul Wadud Bhuiyan, Barrister Rafiqul Haque and Ajmalul Hossain QC.
Attorney General Mahbubey Alam and Additional Attorney General Murad Reza moved for the state while Barrister Rokonuddin Mahmud and Salahuddin Dolon moved for the petitioner during the hearing.
Salahuddin Dolon told the Dhaka Tribune: “The court directed us to submit a concise statement by November 13 and the government was directed to submit it within 10 days after receiving the leave granting order.”
“As the court accepted the leave to appeal petition we can now move it as a regular appeal,” he added.
On June 13, 2012 Altaf and five others were appointed for two years as additional justices at the High Court. On June 9 this year, the government regularised the services of five additional High Court judges, excluding Altaf. The government did not give a reason for the decision.
On July 7, a legal notice was served by Supreme Court lawyer Idrisur Rahman to regularise Altaf as a High Court judge since Chief Justice Md Muzammel Hossain had recommended his name. Later, he filed a writ with the HC.
Altaf also filed a writ petition with the High Court on August 12. One of the judges of a two-member HC bench on August 14 felt embarrassed to hear the petition. Later the petitions were sent to the vacation bench that dismissed them on September 24.
