Legal Challenge Mounted Against Bangladesh Bar Council Ad-Hoc Committee

A writ petition has been filed with the High Court Division of the Supreme Court challenging the legal validity of the newly formed ad-hoc committee governing the Bangladesh Bar Council. The petition, which objects to the committee’s composition featuring prominent nationalist and Islamist-aligned lawyers, seeks an order directing authorities to hold regular Bar Council elections within 30 days. It also requests a stay on the functions of the ad-hoc committee until the polls are conducted.

On Wednesday, Senior Advocate Yunas Ali Akhand moved the petition before the High Court, naming the Secretary of the Ministry of Law, Justice and Parliamentary Affairs, alongside other relevant state officials, as respondents to the rule.

The Controversial Composition of the Committee

The legal challenge follows an official gazette notification issued by the Law and Justice Division on Tuesday, which constituted a 15-member ad-hoc committee to oversee the regulatory body for Bangladeshi lawyers. Under the statutory framework, the Attorney General of Bangladesh, Md. Ruhul Kuddus Kazal, assumes the role of ex-officio Chairman of the committee.

The primary contention raised by the petitioner centres on the political alignment of the remaining 14 members, who are predominantly associated with the pro-BNP (Bangladesh Nationalist Party) and Jamaat-e-Islami factions of the Supreme Court Bar. The committee includes eleven pro-BNP lawyers, two prominent Jamaat-e-Islami advocates, and one representative from the Nationalist Lawyers’ Forum (NCP).

The eleven members identified with the BNP faction are:

• Senior Advocate Zainul Abedin

• Barrister Md. Badruddoza Badal

• Masud Ahmed Talukdar

• AHM Mushfiqur Rahman Tuhin

• Barrister Raghib Rauf Chowdhury

• Nasir Uddin Asim

• Sarker Tahmina Begum Sandhya

• Advocate Md. Nazim Uddin Chowdhury

• Advocate Ali Asghar

• Advocate Syed Nazrul Islam

• Senior Advocate Mahfuzur Rahman Milon

Furthermore, Advocate Jasim Uddin Sarkar and Senior Advocate Mohammad Shishir Monir represent the Jamaat-e-Islami faction, while Mohammad Hossain Lipu has been inducted from the NCP.

Statutory Authority and the Petitioner’s Argument

The Ministry of Law, Justice and Parliamentary Affairs defended the appointment by citing specific legislative provisions. According to the government notification, the ad-hoc body was formed under the powers conferred by Clause (2) of Article 4 of the Bangladesh Legal Practitioners and Bar Council Order, 1972. The decree explicitly mandates that the newly formed caretaker council shall hold office for a definitive one-year term, spanning from 1 July 2026 to 30 June 2027.

“The imposition of a non-elected ad-hoc committee undermines the democratic traditions of the bar. A general election must be prioritised to ensure true representation.”

The petitioner, Advocate Yunas Ali Akhand, argues that bypassing the standard democratic process in favour of a year-long ad-hoc tenure violates the spirit of the statutory order. The petition contends that the primary mandate of any interim regulatory setup should strictly be the immediate facilitation of general elections rather than prolonged governance. The High Court is expected to hear the matter in the coming days to determine whether the government’s reliance on the 1972 Order justifies the suspension of normal electoral cycles.