The Supreme Court Bar Association on Thursday called for action against the Bangladesh Judicial Service Association over its statement opposing the inclusion of lawyers in the proposed commission for appointing Supreme Court judges.
At a press briefing at his office, SCBA president AM Mahbub Uddin Khokon flanked by its acting secretary Mahfuzur Rahman Milon rejected the BJSA’s statement, describing it as unconstitutional and a violation of judicial service rules.
In a press release issued on December 23, BJSA secretary general Muhammad Mazharul Islam said, ‘Such inclusion is not only a conflict of interest but also increases the risk of bias in the appointment process.’
The BJSA also called for a specific guideline ensuring that 70 per cent of Supreme Court judges are appointed from the ranks of district judges.
Khokon asserted that the proposed commission, established under Article 95 of the constitution, aims to ensure transparency in the selection of Supreme Court judges as per the long-standing demand from the association.
‘With due respect, they are public servants, but their statement appears to be bargaining in nature. The BJSA is not a trade union, and such remarks are beyond their jurisdiction,’ Khokon said.
Khokon also highlighted that the proposed nine-member Judicial Appointment Council, headed by the Chief Justice, included a representative from the lower judiciary, ensuring broad representation.
‘The BJSA’s statement not only undermines the Chief Justice but also expresses no confidence in the proposed council. Such statements should be withdrawn immediately,’ Khokon said.
He called on the Chief Justice and the Law Ministry to take appropriate action against the BJSA if the statement is not retracted.
Khokon also raised concerns about alleged corruption and irregularities among lower court judges.
He pointed out that despite allegations the interim government had not taken any action against certain judges.
‘For instance, Bikash Kumar Saha reportedly influenced decisions on remand and bail, while former law secretary Zahirul Islam Dulal was also involved in misconduct. Yet, the BJSA has remained silent on such issues,’ he stated.
Khokon further emphasised that most bail matters were resolved at lower courts, with only 10 per cent reaching the High Court.
He questioned the BJSA’s lack of statements addressing corruption within its ranks.