Anisul Huq. — UNB file photo
The minister for law, justice and parliamentary affairs, Anisul Huq, on Sunday said the government does not intervene into any matter of judiciary.
The minister made the oblique reaction a day after Chief Justice SK Sinha on Saturday urged the government to immediately amend Articles 116 and 116A of the constitution saying that the judiciary faced difficulties to establish rule of law because of the provisions stipulated in the existing articles.
He said the Articles 116 and 116A are ‘contrary to the principles’ of the original constitution adopted in 1972.
The existing Article 116 says, ‘the control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the president and shall be exercised in consultation with the Supreme Court.’ The original Article 116 adopted in 1972 said, ‘The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the Supreme Court.’
The Article 116A, which was inserted by the fourth amendment to the constitution in 1975, says, ‘Subject to the provisions of the constitution, all persons employed in the judicial service and all magistrates shall be independent in the exercise of their judicial functions.’ The chief justice described the two articles as ‘unconstitutional’ and called on the lawmakers to reinstate the provisions stipulated in the original constitution immediately.
Anisul Huq, however, did not make any comment over the speech of the Chief Justice as he feared it might have developed misunderstanding if he made any speech without knowing the matter personally.
He said the incumbent government is working to ensure justice.
The minister came up with the speeches at a programme in Bangla Academy.
Those who are involved in the incidents of Nasirnagar and Gobindaganj, will be identified and brought to book, he added.