The interim government has issued a gazette notification for the "Supreme Court Judges Appointment Ordinance 2025," which was published on Tuesday, (21 January).
This ordinance introduces an independent council to oversee the appointment of judges to the Supreme Court, marking a significant shift from previous practices.
At a press conference held earlier that day at the secretariat, Law Adviser Dr Asif Nazrul elaborated on the ordinance and other contemporary issues.
The advisory council approved the draft of the ordinance on 17 January.
Asif Nazrul stated, "The gazette notification for the Supreme Court Judges Appointment Ordinance 2025 has been issued today. It is well known that during the tenure of the previous government, there were numerous instances of injustice and human rights violations. The judiciary, particularly the higher courts, often became platforms for repression, where citizens failed to find redress."
He further explained, "In many cases, political administrations appointed judges based on party loyalty, often ignoring merit. Without a transparent process to appoint impartial and competent judges, the human rights of the 18 crore people remained at risk."
The law adviser highlighted that the demand for the appointment of skilled, experienced, and impartial judges to the higher courts has been a long-standing one, echoed by both political parties and civil society organizations.
Expressing his satisfaction, Asif. Nazrul shared, "I am pleased to announce the enactment of this law. The draft was initially submitted by the Chief Justice's office and the Judicial Reform Commission. We reviewed similar ordinances from 2008 and consulted with relevant stakeholders to formulate a robust legal framework."
According to the ordinance, the Supreme Judicial Appointment Council will be established, led by the chief justice.
This council will include two judges from the Appellate Division, two from the High Court Division, and the attorney general.
The council will conduct preliminary screenings, sourcing names independently and accepting referrals from any individual or legal professional.
The selection process will involve initial evaluations followed by interviews.
Asif Nazrul concluded, "Judges will be appointed through a transparent and accountable process. We anticipate that if the higher judiciary takes the initiative, we can appoint judges to the High Court within the next three months through a process superior to any in the past."
Regarding the proportional representation of judicial service members and lawyers in these appointments, Dr Nazrul stated, "The long-standing tension over the ratio of appointments from the legal profession versus the lower judiciary has been left to the council's discretion. We have emphasized ensuring appropriate representation."
