Court Correspondent :
The hearing on the appeal filed with the Appellate Division of the Supreme Court against the High Court order that declared the 16th amendment to the Constitution illegal ended on Thursday.
The seven-member full bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha on Thursday heard the arguments placed on behalf of the government and the writ petitioners on the day 11 of hearing. Later, the apex court kept the petition as Curia advisari vult, a Latin term, meaning ‘judgment could be delivered any day’.
Additional Attorney General Murad Reza made submissions and then Attorney General Mahbubery Alam concluded arguments on behalf of the government. Afterwards, advocate Manzil Morshed placed counter arguments on behalf of the writ petitioners.
The Appellate Division passed the order to pronounce the verdict, after hearing opinions from 10 Senior Advocates as amicus curiae (friends of court). The apex court, on May 8, began the hearing rejecting a time petition filed by Attorney General Mahbubey Alam.
Earlier on February 8, the court appointed 12 eminent lawyers as amicus curiae
seeking their opinions about the legality of the 16th amendment. They are TH Khan, Dr Kamal Hossain, Barrister Rafiqul Haque, Barrister M Amirul Islam, Barrister AF Hasan Arif, Barrister Shafique Ahmed, AJ Mohammad Ali, Barrister Rokonuddin Mahmud, Barrister Fida M Kamal, Barrister Ajmalul Hossain, Abdul Wadud Bhuiyan and M. I. Farooqui. Of them, Ajmalul Hossain argued in favour of the amendment, but nine lawyers opposed. On the other hand, Barrister Rafiqul Haque and Barrister Shafique Ahmed did not make any submission to the court on the matter.
On September 17 in 2014, the Jatiya Sangsad passed the ‘Constitution (16th Amendment) Bill, 2014’ without any opposition, empowering Parliament to impeach judges of the Supreme Court for their ‘incapacity’ or ‘misconduct’.
Nine Supreme Court lawyers filed a writ petition with the High Court on November 5, 2014, questioning the validity of the amendment. On May 5 last year, the High Court (HC) declared the 16th Amendment to the Constitution illegal. The government on January 4 this year filed the appeal challenging the HC decision.
The Constitution passed in 1972 gave the Parliament the power to impeach judges and decide their term in office. But after the Fourth Amendment in 1975, the power was given to the President of the country.
The hearing on the appeal filed with the Appellate Division of the Supreme Court against the High Court order that declared the 16th amendment to the Constitution illegal ended on Thursday.
The seven-member full bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha on Thursday heard the arguments placed on behalf of the government and the writ petitioners on the day 11 of hearing. Later, the apex court kept the petition as Curia advisari vult, a Latin term, meaning ‘judgment could be delivered any day’.
Additional Attorney General Murad Reza made submissions and then Attorney General Mahbubery Alam concluded arguments on behalf of the government. Afterwards, advocate Manzil Morshed placed counter arguments on behalf of the writ petitioners.
The Appellate Division passed the order to pronounce the verdict, after hearing opinions from 10 Senior Advocates as amicus curiae (friends of court). The apex court, on May 8, began the hearing rejecting a time petition filed by Attorney General Mahbubey Alam.
Earlier on February 8, the court appointed 12 eminent lawyers as amicus curiae
seeking their opinions about the legality of the 16th amendment. They are TH Khan, Dr Kamal Hossain, Barrister Rafiqul Haque, Barrister M Amirul Islam, Barrister AF Hasan Arif, Barrister Shafique Ahmed, AJ Mohammad Ali, Barrister Rokonuddin Mahmud, Barrister Fida M Kamal, Barrister Ajmalul Hossain, Abdul Wadud Bhuiyan and M. I. Farooqui. Of them, Ajmalul Hossain argued in favour of the amendment, but nine lawyers opposed. On the other hand, Barrister Rafiqul Haque and Barrister Shafique Ahmed did not make any submission to the court on the matter.
On September 17 in 2014, the Jatiya Sangsad passed the ‘Constitution (16th Amendment) Bill, 2014’ without any opposition, empowering Parliament to impeach judges of the Supreme Court for their ‘incapacity’ or ‘misconduct’.
Nine Supreme Court lawyers filed a writ petition with the High Court on November 5, 2014, questioning the validity of the amendment. On May 5 last year, the High Court (HC) declared the 16th Amendment to the Constitution illegal. The government on January 4 this year filed the appeal challenging the HC decision.
The Constitution passed in 1972 gave the Parliament the power to impeach judges and decide their term in office. But after the Fourth Amendment in 1975, the power was given to the President of the country.
