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 17 January 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.
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.
A second ICT could be formed to expedite trials, if necessary, and that political party unity could further accelerate the election process, he added.
