The High Court has stayed the gazette notification of the inclusion of a HC judge’s son being allowed to practice in the Supreme Court despite failing to clear the bar exams.
The court also issued a rule asking why the publication of the gazette including him as a SC lawyer should not be declared illegal.
The bench of Justice Tariq ul Hakim and Justice Md Iqbal Kabir gave the order on Wednesday (Dec 18) after hearing a writ over the matter.
Previously, on Nov 21, 28, Dec 11 and 15, four other HC benches refused to hear the writ challenging the inclusion of Md Jumman Siddiqui, the son of Md Abu Zafor Siddique in the Bar.
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 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.