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The Supreme Court Bar Association (SCBA) suggested formation of a constitutional commission to recommend appointment of judges in the highest court saying the British period system now appeared ineffective in recruiting competent people for the bench.
SCBA President Amirul Islam said this at a press conference organised by the association at its office in the city Saturday, reports BSS.
"The standard and neutrality of the Supreme Court (SC) now could not be protected by following the conventions of the British period in appointing judges and confirming the services" after the probation period, the SCBA president said at the press conference.
He cited an example of the constitutional commission of Sri Lanka where, the prime minister, opposition leader and parliamentary speaker constitute the high-powered body to appoint and confirm the judges of their superior court.
"Even if every institution becomes politically polarised, we should join hands to keep the SC out of the polarisation", said Islam, flanked by other association leaders and senior bar members.
There is no problem, he said, in appointing a man with political background as a High Court (HC) judge if he is competent and has the quality of a judge 'but political backgrounds alone should not be the matter of consideration'.
Until the formation of the constitutional commission, a system should be evolved where the chief justice would widely consult the senior members of the bench as well as the bar before recommending appointment and confirmation of the SC judges to the President, the senior jurist said.
The SCBA staged the press conference to explain the contents of a memorandum they handed over to the chief justice Thursday.
It contained the bar's views about the appointment and confirmation of judges, constitution and 'de-constitution' of HC benches and 'installing juniors above senior judges in division benches'.
The SCBA alleged that the HC benches with writ jurisdiction was being "frequently de-constituted after they issue verdicts on certain matters each time with an apparent intention to send a message to the judges".
According to the article 107 of the Constitution the senior most judge after the chief justice could also be tasked with the charge of constituting HC benches instead of the chief justice, Islam said.
Under the present constitutional provision and conventions, the President appoints the judges and confirms their service as recommended by the chief justice, who on his own consideration constitutes and reconstitutes the HC benches.
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