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HomePOLITICSBANGLADESHAs many violations of seniority in the history of the appointment of...

As many violations of seniority in the history of the appointment of the Chief Justice

The President has appointed Justice Hasan Fayez Siddiqui of the Appellate Division as the 23rd Chief Justice of the country. The Ministry of Law, Justice and Parliamentary Affairs issued a notification in this regard on Thursday (December 30).

The circular said that the President of Bangladesh Supreme Court has appointed Judge Hasan Fayez Siddiqui of the Appellate Division as the Chief Justice of Bangladesh with the powers conferred by Article 95 (1) of the Constitution of the People’s Republic of Bangladesh. This appointment will be effective from the date of taking oath.

Following the resignation of the country’s 21st Chief Justice Surendra Kumar Sinha, Justice Syed Mahmud Hossain was sworn in as the 22nd Chief Justice on February 3, 2016. He will retire on December 31, 2021 after 48 months as Chief Justice. Justice Mahmud Hossain will be replaced by Justice Hasan Fayez Siddiqui.

The Appellate Division of the Supreme Court currently has four judges who are qualified to be appointed as Chief Justices. Among them, Justice Mohammad Iman Ali is at the top in the order of seniority. The other three are- Justice Hasan Fayez Siddiqui, Justice Md. Nuruzzaman and Justice Obaidul Hasan. Although lawyers and members of civil society, including the Supreme Court Bar Association, have at various times voted in favor of appointing the senior most judge of the Appellate Division as Chief Justice, seniority has been violated in most cases in the last two decades.

According to Supreme Court sources, the current judges of the Appellate Division include Justice Mohammad Iman Ali on 31 December 2022, Justice Hasan Fayez Siddiqui on 25 September 2023, Justice Md. Nuruzzaman will retire on June 30, 2023 and Justice Obaidul Hasan will retire on January 10, 2026. Earlier, there was a case of resignation of a Chief Justice due to non-acceptance of seniority.

During the BNP-led four-party coalition government, the first appeal of the senior judge. On June 23, 2003, Justice KM Hasan was appointed to replace Ruhul Amin. Justice Syed JR Modacher Hossain was appointed as the Chief Justice on January 26, 2004, replacing Justice Mohammad Fazlul Karim. During the caretaker government, on March 1, 2006, Justice MM Ruhul Amin was appointed Chief Justice, replacing Senior Justice Mohammad Fazlul Karim.

Besides, during the tenure of the Awami League government, the appointment of Chief Justice has been violated four times. On 23 December 2009, Justice Tafazzal Islam was appointed as the new Chief Justice, replacing Justice Mohammad Fazlul Karim. On September 30, 2010, Chief Justice ABM Khairul Haque was appointed to replace Justice MA Matin and Justice Shah Abu Naeem Mominur Rahman. Later, the two judges did not take part in the trial while they were in office. Then on May 12, 2011 Justice. When Mozammel Hossain was appointed as the Chief Justice, the second term seniority was violated by Justice Shah Abu Naeem Mominur Rahman. He later resigned on May 12, 2011 after being on leave for more than six months. Justice Abdul Wahhab Miah resigned immediately after the appointment of Syed Mahmud Hossain as the 22nd Chief Justice was violated. The post of Chief Justice was vacant for almost three months after the resignation of Chief Justice Surendra Kumar Sinha on November 10, 2016. At the time, on the basis of seniority, Justice was performing routine duties. Abdul Wahhab Mian.

This time again the 23rd Chief Justice has been appointed in violation of seniority. Iman Ali, the most senior judge of the Appellate Division, has been replaced by Hasan Fayez Siddiqui, the second senior judge. Justice Iman Ali immediately went on leave till March. A Supreme Court source confirmed the matter.

Of these, 14 out of 23 Chief Justices have been appointed in the normal process. Violations of seniority occurred 9 times.

Meanwhile, Law, Justice and Parliamentary Affairs Minister Anisul Haque said that the constitution has given the power to appoint the country’s chief justice to the President. The President appoints one of the judges of the Appellate Division of the Supreme Court as the Chief Justice. There is no question of law and seniority.

According to Article 95 of the Constitution, the President appoints the Chief Justice. Article 95 (1) of the Constitution states, “The Chief Justice shall be appointed by the President and the President shall appoint other judges in consultation with the Chief Justice.”

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