HC questions legality of amended Bar Council rules

The High Court today questioned the legality of Bangladesh Bar Council rules that allow the lower court lawyers having 25 years’ experience to practise at the High Court only after passing the viva voce.

The law ministry on July 30 last year issued a gazette notification on the amendment of the Bangladesh Bar Council rules saying that if any lower has experience of practicing law at the lower court for 25 years, he or she needs not to face the written test for practising in the HC.

If such a lawyer can pass the viva voce, he or she can practise law in the HC, according to the gazette notification.      

Today, the HC issued a rule asking the government and Bangladesh Bar Council authorities to explain why the amended Bar Council rules should not be declared illegal and unconstitutional.

The bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal came up with the rule following a writ petition filed by Supreme Court lawyer Saiful Islam Suman challenging the legality of the amended Bangladesgh Bar Council rules.

He submitted the petition to the HC on January 8 saying that the amended Bangladesgh Bar Council rules is contradictory to the constitution and discriminatory.

Advocate Farhad Uddin Ahmed Bhuiyan appeared for the writ petitioner, while Assistant Attorney Generals Purabi Rani Sharma and Purabi Rani Saha represented the state.