Dhaka, Sep 02 (V7N) – In a landmark verdict, the High Court has restored the Supreme Court’s authority over the control and discipline of lower court judges, striking down provisions of the Fourth and Fifteenth Amendments to the Constitution.

A bench comprising Justice Ahmed Sohel and Justice Debashish Roy Chowdhury delivered the verdict on Tuesday afternoon, ruling that the executive branch can no longer exercise authority over the transfer, promotion, or disciplinary actions of subordinate court judges.

The judgment came in response to a writ petition challenging the validity of Article 116 of the Constitution, which currently places such powers under the President. The final hearing concluded on August 13, and the verdict was scheduled for today.

Under the 1972 original Constitution, Article 116 vested the authority of judicial control in the Supreme Court, ensuring full independence of the judiciary. However, subsequent amendments shifted this power to the executive branch through the office of the President.

Lawyer Mohammad Shishir Monir, on behalf of 10 lawyers, filed the writ on August 25 last year, arguing that executive influence over judicial appointments, postings, promotions, and disciplinary measures undermined the independence of the judiciary.

The High Court ruling effectively reinstates the original constitutional framework, strengthening the separation of powers.

This decision is expected to have far-reaching implications for Bangladesh’s judicial system, curbing executive interference and reinforcing the judiciary’s independence.

END/SMA/AJ