Chief Justice says: Re-installing Article 116 of the `72 Consttn a demand of time

Surendra Kumar Sinha
Surendra Kumar Sinha
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Staff Reporter :
Chief Justice Surendra Kumar Sinha in a statement on Monday said that Article 116 of the 1972 Constitution should be reinstalled as it is a demand of the time.
Article 116 of the 1972 Constitution was made under the leadership of Bangabandhu Sheikh Mujibur Rahman, he said.
The Chief Justice issued the statement on the occasion of ninth anniversary of independence of the judiciary from the executive. The Judiciary was declared independent from the Executive on November 1, 2007.
The statement said, according to Article 109 of the Constitution the High Court had been given the power to oversee and control all subordinate courts and tribunals. On the other hand, article 116 of the constitution is one of the main reasons for slowness of the Judiciary. Promotion, transfer and disciplinary works of the subordinate courts could not be a single way to the Supreme Court.
The statement further said that it was not possible to recruit judges for vacant positions in many districts because of dual rule. It interrupted the trail process which causes sufferings to justice seekers.
Whereas, Article 116 of the 1972 Constituton says that manpower recruitted for the judiciary would be totally controlled by the Supreme Court.
That article should be reinstalled as it would help uphold and consolidate independence of the judiciary. It would also help add a new dimension to the overall advancement of the judiciary, said the statement.
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