HC rule questions legality of article 116 of constitution
Court Correspondent
The High Court (HC) today issued a rule, asking the authorities concerned to explain why it shall not declare illegal Article 116 of the Constitution.
A HC bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury passed the order, after holding hearing on a writ petition filed by seven Supreme Court lawyers.
According to the article, the control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall be vested in the President and shall be exercised by him in consultation with the Supreme Court.
The petitioners made secretaries of the Legislative and Parliamentary Affairs Division, Law and Justice Division and Supreme Court Registrar respondents in the writ. Advocate Mohammad Shishier Manir moved the plea before the court.
