Writ petition at HC to ban law practice by retired SC judges

Writ petition at HC to ban law practice by retired SC judges


A writ petition was filed with the High Court on Monday seeking a ban on practicing law by retired Supreme Court judges.Eunus Ali Akond, a Supreme Court lawyer, filed the petition also challenging the legality of section 33 of the 15th constitutional amendment.

The HC bench comprising Justice Obaidul Hassan and Justice Krishna Debnath is likely to hear the petition in the next week, said Eunus.

The Speaker, Cabinet and Law secretaries have been made respondents to the writ.

It was mentioned in the writ petition that as per the section 99 of the 1972 constitution, there was no scope for the retired judges to practise as lawyers.

But, in 1978, then President Ziaur Rahman amended the constitution clearing the way for the retired judges to conduct cases after their retirement which was made valid through the 5th amendment to the constitution.

Meanwhile, the Appellate Division scrapped the 5th amendment.

However, the constitution did not return to its original 1972 form through the 15th amendment made in 2011. Besides, section 33 allows retired judges to practice which is contradictory to the basic structure of the 1972 constitution.


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