Ordinance
Govt approves ordinance for transparent HC judge appointments
The government has approved an ordinance that maintains the provision for appointing judges to the High Court (HC) through the establishment of a council.
Law Affairs Adviser Prof Asif Nazrul announced this at a press conference regarding HC judge appointments and other contemporary affairs held at the Secretariat on Tuesday.
He revealed that the Council of Advisory approved the draft of the 'Supreme Court Judge Appointment Ordinance, 2025' on January 17 and its gazette was published on Tuesday.
Emphasising the importance of appointing neutral and competent judges, he said that the human rights of the 18 crore people would remain at risk if impartial and qualified individuals are not appointed as HC judges through a transparent process.
"The gazette for the 'Supreme Court Judge Appointment Ordinance 2025' was issued today. You all know that under the previous government, the High Court became a major platform for lawlessness, human rights violations, and the repression of people. Even in the face of severe human rights violations, people were denied redress," he added.
The Law Adviser noted that political parties and civil society organisations had long been advocating for the appointment of skilled, experienced and neutral judges to the HC to ensure justice.
Read: Govt okays SC Judges Appointment Ord
According to the ordinance, the formation of the Supreme Judicial Appointment Council for HC judge appointments is mandated. The council will be headed by the Chief Justice and will include two justices each from the Appellate Division and the HC, along with the Attorney General.
"The council will first conduct a thorough scrutiny. They will gather potential candidates on their own initiative, but anyone—be it an individual or a lawyer—can also submit recommendations. This process will be open, and the council will hold interviews after the initial scrutiny," the ordinance explains.
Adviser Asif further assured, "Judges will be appointed to the High Court through a transparent and accountable process. Hopefully, with the High Court's involvement, we will be able to establish a better appointment process than in any previous tenure."
He said that judges for the HC will be appointed from both the judicial services and the pool of lawyers, with the council determining the appropriate ratio for each group.
Regarding the trial progress at the International Crimes Tribunal (ICT), the Law Adviser expressed satisfaction, saying that there is no connection between the election and the prosecution of the former Awami League government's cohorts.
Read more: Political appointment of judges destroyed judiciary: Asif Nazrul
A second ICT could be formed to expedite trials, if necessary, and that political party unity could further accelerate the election process, he added.
2 months ago
Draft ordinance for repealing security for family of Father of the Nation approved
The Advisory Council meeting on Thursday gave final approval to the draft of 'Security of Family Members of the Father of the Nation (Repeal) Ordinance, 2024', subject to vetting by the Legislative and Parliamentary Affairs Department.
Interim Government Chief Adviser Professor Muhammad Yunus chaired the meeting at state guesthouse Jamuna.
“Our government is an outcome of anti-discrimination movement. It (the security ordinance) was seen as discriminatory,” Adviser on Environment, Forest, and Climate Change Syeda Rizwana Hasan told reporters after the meeting.
The Public Security Division of the Ministry of Home Affairs initiated the issue as they feel there is “no necessity” of such special security.
As per the decision of the previous government, the 'Father of the Nation Security of Family Members Act, 2009' (Act No. 63 of 2009) was enacted and promulgated. Later, a gazette was issued to provide special security and facilities as per the Act.
The law was enacted only to provide state privileges to members of a family which is a clear discrimination, said the Advisory Council.
The current interim government is committed to eradicating all discrimination after the anti-discrimination student uprising, according to the press wing of the Chief Adviser.
It is necessary to take immediate action and issue an ordinance to repeal this Act, the Council viewed.
The family members of Father of the Nation Bangabandhu Sheikh Mujibur Rahman were getting foolproof state security everywhere in the country, including their residences and free utility services.
Meanwhile, the Advisory Council in its meeting also gave final approval to the draft of 'Special Security Force (Amendment) Ordinance, 2024'.
The 'Special Security Force Act, 2021' was formulated to provide security to the President, Prime Minister of the People's Republic of Bangladesh, family members of Father of the Nation Bangabandhu Sheikh Mujibur Rahman.
In view of the popular uprising of the students, an interim government was formed on August 8, 2024, consisting of the Chief Adviser and other advisers.
In such a changing situation, it is necessary to ensure the security of the Chief Adviser under the 'Special Security Force Act, 2021'.
It was also necessary to cancel some of the provisions of the said law with the addition of the security provision of the Chief Adviser to the Interim Government of the People's Republic of Bangladesh. 'Special Security Force Amendment Ordinance 2024' was unanimously approved in the advisory council meeting.
6 months ago