Another High Court bench has declined to hear a petition challenging the inclusion of a HC judge’s son being allowed to practice in the Supreme Court despite failing to clear the bar exams.
The bench of Justice FRM Nazmul Ahasan and Justice KM Kamrul Kader gave the order on Wednesday (Dec 11).
Previously on Nov 26, two other benches comprising of justices JBM Hassan and Justice Khairul Alam and justices M Enayetur Rahim and Mostafizur Rahman refused to hear the writ as well.
The petitioner said that the writ will be presented in another court or taken to the chief justice.
On Nov 21, Syed Syedul Hoque Sumon and Ishrat Hasan filed the writ challenging the legality of the inclusion.
According to the petition, Md Jumman Siddiqui, the son of Justice Md Abu Zafor Siddique failed to clear the Bangladesh Bar Council examinations despite multiple attempts.
Despite that, his name was included as a member in the gazette published on Oct 31.
The petitioners challenged the gazette as well as Section 21(1)(b) of the Bangladesh Legal Practitioner's and Bar Council Order, 1972 which says "No advocate other than an advocate [permitted to practise before the High Court] immediately before the commencement of this Order shall be permitted to practise before the High Court unless-he is a law graduate and has practised as an advocate before any High Court outside Bangladesh notified by the Government in the official Gazette," and Section 30(c) which says, “Where any application is so returned, the Bar Council may, after considering the reasons recorded by the enrolment committee, either grant or reject the application.”
Concerned bar council members, as well as Jumman Siddiqui, have been made respondents to the petition.