Formation of ‘Judicial Appointment Council’ finalized

In the past few decades, there have been serious allegations of partisanship, nepotism and lack of transparency in the appointment of judges in the High Court Division of the Supreme Court. However, Article 10 of the Universal Declaration of Human Rights of the United Nations and Article 35(3) of the Bangladesh Constitution guarantee the right to a speedy and public trial by an independent and impartial court or tribunal as a fundamental right. To implement these rights, it is necessary to appoint judges to the High Court on the basis of transparency. But unfortunately, judges in the country’s high courts are being appointed according to the will of the government.

However, this situation is changing. The Law Ministry has finalized the process of forming the ‘Judicial Appointment Council’ to ensure transparency and accountability in the appointment of judges in the High Court Division of the Supreme Court.

Taking the opinions of the judges of the High Court Division, Chief Justice Syed Refaat Ahmed recently sent a proposal to the Law Ministry regarding the process of appointment of judges to the Supreme Court. The proposal cites many countries around the world, especially England, Ireland, Kenya, Malaysia, and South Africa, as examples. In those counties, there is an independent and impartial commission for the appointment of judges of the High Court. In light of that proposal, the Law Ministry is forming a 'Judicial Appointment Council' to appoint judges to the High Court Division of the Supreme Court. Ministry sources said that the formation of the Judicial Appointment Council has been finalized.

This council, headed by the Chief Justice, will have 10 members. Currently, several judges of the Appellate and High Court Divisions of the Supreme Court, representatives of the Law Ministry, the Attorney General's Office, the Bar Council, and representatives of the Supreme Court Bar Association are being kept as members. The council will issue a public notice inviting applications from candidates to send recommendations for the appointment of judges under Articles 95 and 98 of the Constitution, based on a request by the President.

In addition, in the selection of candidates, the Council may invite any person concerned to the Council meeting to seek opinions or advice on the candidates or may direct any government or private institution to present the information required by the Council. Candidates for appointment as judges must apply by filling in the prescribed form with information on their educational qualifications and experience as per the Constitution. The President shall send a request to the Council to select and recommend a suitable person for appointment as a judge.

After receiving this request, the Council shall send a recommendation. In addition, the Council shall inquire about the activities of a District Judge in his last two places of work before appointing him as a judge in the High Court.
Currently, Article 95(1) of the constitution states that the chief justice shall be appointed by the president, and the other judges shall be appointed by the president after consultation with the chief justice. (2) If a person is not a citizen of Bangladesh, and (a) has not been an advocate in the Supreme Court for at least ten years; Or (b) has not held any judicial position within the national borders of Bangladesh for at least ten years; or (c) does not have the qualifications prescribed by law for appointment as a judge of the Supreme Court.’ The Judicial Appointments Council will work in the light of this law, according to Law Ministry sources.

In addition, many judges are not made permanent after serving as additional judges in the High Court for two years. The Judicial Appointments Council will also work to ensure that no one falls victim to arbitrary decisions in the future.

On the other hand, the Law Ministry has also finalized the process of forming a high-level commission to monitor corruption and serious misconduct of judges of the Supreme Court and judicial courts. Sources said that this commission will monitor judges throughout the year so that judges cannot resort to corruption and misconduct. And even if they resort to corruption, they can be identified and action can be taken quickly.