Staff Reporter :
Cabinet members on Monday expressed their dissatisfaction over the recent Supreme Court’s verdict scrapping the 16th constitutional amendment that restored the parliament’s authority to remove Supreme Court judges on grounds of incapacity or misconduct.
Taking part in an unscheduled discussion in the weekly meeting with Prime Minister Sheikh Hasina in the chair, they also termed many portion of the judgment as ‘objectionable’, according to the meeting sources.
On behalf of the government a written application will be submitted to the Chief Justice to withdraw what they term ‘many objectionable portions of the judgment, the meeting sources said.
The sources said after the weekly meeting, the issue relating to the scrapping of the 16th constitutional amendment was discussed widely for about two hours.
All the cabinet members expressed their dismay over the issue, a cabinet member preferring not to be named said.
He said the Law Minister Anisul Huq placed the judgment of 16th constitutional amendment before the cabinet meeting.
“Many irrelevant issues have been included in the judgment. And these irrelevant issues were not needed to be included in the judgment. Fifth and sixth constitutional amendments have also been mentioned in the judgment. Even, the judgment termed the January 5 parliamentary poll as questionable,” the law minister was quoted as saying.
Besides, the cabinet members agreed in principle to enact a new law if it is needed in a bid to protect the peoples’ right.
The meeting sources said the Law Minister Anisul Huq is likely to hold a press conference on Thursday on the judgment of 16th constitutional amendment. Prime Minister Sheikh Hasina said that she earlier heard about the judgment.
“Now I have obtained a copy of the judgment. I went through it and understood. I found many portions of the judgment, especially about the government and people, are objectionable. So that whenever you (cabinet members) get chance you will make people understand about the judgment, as we are the representatives of the people. And people have also the right to know the judgment,” the Prime Minister was quoted as saying.
Talking to journalists State Minister of Labour and Employment Mujibul Haque said a two-hour long discussion took place on the judgment of 16th constitutional amendment.
“The judgment termed the current parliament as questionable and immature. I want to say that current parliament’s lawmakers elected the President. It does mean that the President is immature and his appointment also. And that questionable President appointed the Chief Justice. Now our question is that whether the Chief Justice is also questionable and immature,” he said.
Cabinet members, state ministers and concerned secretaries were present during the meeting.
On July 2, the Supreme Court upheld a High Court verdict that declared illegal the 16th amendment to the constitution, dismissing a state appeal against it.
A seven-member apex court bench led by Chief Justice Surendra Kumar Sinha passed the order. On June 1, the apex court concluded hearing on the state appeal against High Court verdict that had declared illegal the 16th amendment to the constitution, which had empowered parliament to remove judges for incapacity of misbehavior.
Earlier on February 8, 2017, the Appellate Division of the Supreme Court appointed 12 senior jurists as amicus curiae to give their opinions during the hearing on state appeal.
The High Court on August 11, 2016, released the full text of 165-page verdict that declared illegal and unconstitutional the 16th amendment to the constitution, which had allowed the parliament to remove Supreme Court judges on grounds of incapacity or misconduct.
A three-member High Court bench led by Justice Moyeenul Islam Chowdhury delivered the verdict by majority on May 5, 2016. The two other judges were Justice Quazi Reza-Ul Hoque and Justice Md Ashraful Kamal. The state later filed an appeal against the High Court verdict.
