Staff Reporter :
The High Court (HC) on Monday fixed January 23 for delivering the verdict on the writ petition filed challenging the legality of Advocate Mahbubey Alam holding the office of the Attorney General of Bangladesh.
The HC bench of Justice Naima Haider and Justice Abu Taher Saifur Rahman passed the order after concluding the hearing on the writ petition.
Petitioner Advocate Eunus Ali Akond, a Supreme Court Lawyer, himself took part in the hearing in favour of the application. Senior Advocate Prabir Niogi and A M Amin Uddin and Additional Attorney General Murad Reza stood for Advocate Mahbubey Alam.
Advocate Eunus Ali Akond told reporters that hearing on the petition had been concluded. The court fixed January 23 for delivering the verdict.
In the hearing Advocate Eunus Ali Akond said that the Chief Justice and the Attorney General could not run the office after crossing 67 years age.
On November 10, Advocate Eunus Ali Akond filed the writ petition challenging the legality of Mahbubey Alam holding the AG office.
The president appointed Attorney General Mahbubey Alam under Article 64(1) of the Constitution. According to this article the President shall appoint a person as AG who is qualified to be a SC judge, Eunus Ali Akond said in a legal notice which he issued on March 21.
The age limit of SC judge is 67 years. Mahbubey Alam turned 67 years on February 17 last year and he cannot hold the office of attorney general any more, Eunus Ali Akond said in the petition.
A national daily published a news item on Advocate Mahbubey Alam holding the office of the Attorney General. At this, Advocate Eunus Ali Akond filed a writ petition challenging the legality of Advocate Mahbubey Alam’s holding of the office.
The petitioner said in the petition that according to The Legal Remembrance’s Manual-1960, the posts of the Attorneys are for two-year term. The President can terminate him before completing this term. But advocate Mahbubey Alam holding the post for long eight years violating the rule.
On November 20, 2016 a judge of the High Court bench of Justice Quazi Reza-Ul Hoque and Justice Mohammad Ullah felt embarrassed to hear the petition. Then the Chief Justice sent the petition to a new a bench.
