The High Court has completed the final hearing on a writ petition challenging the validity of Article 116 of the Constitution, which governs control over the judiciary. The verdict is scheduled for September 2.
A bench of Justice Ahmed Sohel and Justice Debashis Roy Chowdhury fixed the date on Wednesday after concluding the hearing.
Advocate Mohammad Shishir Monir appeared for the petitioner, Attorney General Md Asaduzzaman represented the state, and Advocate Ahsanul Karim made submissions as an intervener.
The petition argues that the current version of Article 116, which vests the power of posting, promotion, leave and discipline of judicial officers and magistrates in the president in consultation with the Supreme Court, deviates from the original 1972 Constitution. At that time, the Supreme Court alone held this authority, a structure designed to ensure judicial independence.
The case has moved through several benches since its filing.
It was pending hearing and disposal from the High Court bench led by Justice Farah Mahbub. However, on March 24, Justice Mahbub was appointed to the Appellate Division, resulting in the dissolution of that bench.
Subsequently, petitioner’s counsel Mohammad Shishir Monir applied for the formation of a new bench. On 20 April, Chief Justice Syed Refaat Ahmed formed the present bench, and the final hearing began on April 23.
