High Court to rule on the validity of Article 116 of the Constitution on Sept 2

The High Court has concluded the final hearing on a petition challenging the validity of Article 116 of the Constitution, which governs the control and discipline of the judiciary, and will deliver its verdict on Sept 2.

The bench, comprising Justice Ahmed Sohel and Justice Debasish Roy Chowdhury, scheduled the ruling for that date on Wednesday.

The writ petition, filed by 10 lawyers on behalf of advocate Mohammad Shishir Monir on Aug 25, 2024, seeks reinstatement of the original Article 116, under which judicial officers and magistrates were under the control and discipline of the Supreme Court.

The petitioners argue that the current amended article places authority over appointments, transfers, promotions, leave, and disciplinary matters of subordinate courts under the executive branch, specifically the president, via the law ministry.

Attorney General Md Asaduzzaman represented the state, while lawyer Ahsanul Karim appeared as intervener.

The case had originally been heard by a bench led by Justice Farah Mahbub but was reassigned after her Mar 24 appointment to the Appellate Division.

The High Court had issued a rule during preliminary hearings in April 2024, questioning why the amended Article 116 should not be declared unconstitutional.

Under the amended provision, the president is responsible for controlling and disciplining magistrates, including transfers, promotions, leave approvals, and other administrative matters, a function previously under the Supreme Court in the 1972 Constitution.