Appointments of CECs, ECs: Writ petition challenges indemnity of search committees

Ten Supreme Court lawyers today filed a writ petition with the High Court challenging the legality of a provision that has provided indemnity to the search committees formed by the president which have recommended appointments of the chief election commissioners (CECs) and other election commissioners (ECs) for holding the polls in the country.

In the petition, they said that section 9 of the Chief Election Commissioners and other Election Commissioners Appointment Act, 2022 has given such impunity to the search committees, which is illegal and contradictory to the constitution.

The section states that the appointments of the CECs and other ECs based on the recommendations of the search committees previously formed by the president and their activities will be deemed to be valid and no question shall be raised in any court in this regard.

The lawyers, who submitted the petition as public interest litigation to the HC, are Abdullah Sadiq, GM Mozahidur Rahman, Muhammad Misbah Uddin, Md Zobaidur Rahman, Mohammad Noab Ali, Azim Uddin Patwary, Mohammad Sazzad Saroar, Md Muzahedul Islam, Md Mizanul Hoque, Mir Mir KM Nurun Naby.

Writ petitioners’ lawyer Mohammad Shishir Manir told The Daily Star that section 9 of the act has taken away the jurisdiction of the judiciary as it has been said that any question cannot be raised in any court of the country. Such impunity is totally unconstitutional, he said.

The lawyer said the legislative cannot curtail the independence of the judiciary by passing any law, because the independence of the judiciary is the basic structure of the constitution.

Shishir Manir said his clients have challenged the impunity given to the search committees formed in 2017 and 2022 headed by Justice Syed Mahmud Hossain and Justice Obaidul Hassan, judges of the Supreme Court’s Appellate Division, respectively in order to recommend to appoint the CECs and ECs for holding the elections in the country.

The HC may hold hearing of the petition tomorrow (Monday), the lawyer added.