Writ filed challenging legality of two laws

A writ petition was moved before the High Court (HC) on Wednesday, questioning the constitutional validity of two recently-enacted laws that deal with the judiciary's financial autonomy.

The laws are the Bangladesh Supreme Court Judges (Remuneration and Privileges) Act, 2021 and the Bangladesh Supreme Court Judges (Leave, Pension and Privileges) Act, 2023.

Nine Supreme Court (SC) lawyers and four Dhaka University law students filed the petition, said their lawyer Mohammad Shishir Manir.

The petition prayed to the HC to issue a rule, asking the respondents to explain as to why the two laws should not be declared unconstitutional.

The petitioners also requested the court to issue a rule, asking as to why an adequate number of qualified research officers should not be appointed to assist the judges of the SC in their judicial work.

They also sought the HC's directive upon the respondents to submit a progress report regarding the issue.

Lawyer Shishir Manir said, "Judicial independence is an integral part of the Constitution's basic structure. Financial independence and security are constitutionally mandated rights of the SC judges. However, the two laws have undermined the judges' financial autonomy and the SC's institutional dignity. Therefore, these laws are ultra vires to the Constitution."

According to the Article 94(4) of the Constitution, "Subject to the provisions of the Constitution, the Chief Justice and other judges shall be independent in the exercise of their judicial functions."

The lawyer said the laws enacted in 2021 and 2023 placed SC judges under financial restrictions, which is directly contradictory to their judicial independence. The judges' remuneration and facilities mandated in the laws are illogical and discriminatory comparing to their responsibility and dignity.

The laws of 2021 and 2023 curtailed their remuneration and privileges, putting them at a "disadvantageous position", he added.

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