Special Correspondent :
The Supreme Courts’ judgment that declares the 16th amendment to the constitution as null and void will safeguard the independence of the country’s judiciary, lawyers said on Thursday.
Welcoming the verdict, they said the 16th amendment was illegal, unconstitutional and against the principle of separation of powers of the state organs and independence of the judiciary.
“It’s a landmark verdict that scrapped parliament’s power to remove top judges. The verdict opens new horizons for an independent judiciary,” Zainul Abedin, President of the Supreme Court Bar Association (SCBA), told The New Nation yesterday.
He said the 16th amendment brought to the constitution in 2014 abolishing the Supreme Judicial Council, which was introduced in 1978.
Independence of the judiciary has been curbed by the amendment, he said.
“The Supreme Court’s verdict has allowed to restore the Supreme Judicial Council, led by the Chief Justice, to remove judges for breaching their judicial code of conduct,” he added.
Terming the verdict as a crucial safeguard for the freedom of the judiciary, the SCBA president said, “If we want to establish the rule of law in this country, we must have democracy and an independent judiciary.”
“The ruling reflects expectations of the citizenry who have faith in the Supreme Court. They believe that the Supreme Court is the last resort where they can get justice when other courts deny them,” Zainul added.
“The 16th amendment has infringed upon the independence of the judiciary. By declaring the amendment null and void the court preserves and protects its independence,” Shahdeen Malik, a senior lawyer, told The New Nation.
Prime Minister Sheikh Hasina brought the constitutional change, allowing parliament to remove top judges in September, 2014.
In May last year, the High Court declared the amendment illegitimate after a lawyer filed a public interest litigation.
The Supreme Court led by chief justice S.K. Sinha gave a provisional verdict last month ruling against the government.
“It is a historic judgment regarding the independence of the judiciary. The law that empowered the parliament to impeach judges has been declared illegal and scrapped as well. Only the Supreme Judicial Council now retains the power to impeach judges as per the law,” advocate Manzil Morshed, who filed the litigation, told The New Nation.
He further said: “Not only lawyers, the public perception was that the judiciary could not function independently if the parliament had the power to sack judges on grounds of incapacity or misconduct.”
When asked if the verdict would trigger conflicts between the parliament and the judiciary, the lawyers said as per the Constitution, the Appellate Division’s decision is the final if dispute arises regarding the court. There is no chance for a rebuttal here. This verdict is the final resolution to a dispute.”
The Supreme Courts’ judgment that declares the 16th amendment to the constitution as null and void will safeguard the independence of the country’s judiciary, lawyers said on Thursday.
Welcoming the verdict, they said the 16th amendment was illegal, unconstitutional and against the principle of separation of powers of the state organs and independence of the judiciary.
“It’s a landmark verdict that scrapped parliament’s power to remove top judges. The verdict opens new horizons for an independent judiciary,” Zainul Abedin, President of the Supreme Court Bar Association (SCBA), told The New Nation yesterday.
He said the 16th amendment brought to the constitution in 2014 abolishing the Supreme Judicial Council, which was introduced in 1978.
Independence of the judiciary has been curbed by the amendment, he said.
“The Supreme Court’s verdict has allowed to restore the Supreme Judicial Council, led by the Chief Justice, to remove judges for breaching their judicial code of conduct,” he added.
Terming the verdict as a crucial safeguard for the freedom of the judiciary, the SCBA president said, “If we want to establish the rule of law in this country, we must have democracy and an independent judiciary.”
“The ruling reflects expectations of the citizenry who have faith in the Supreme Court. They believe that the Supreme Court is the last resort where they can get justice when other courts deny them,” Zainul added.
“The 16th amendment has infringed upon the independence of the judiciary. By declaring the amendment null and void the court preserves and protects its independence,” Shahdeen Malik, a senior lawyer, told The New Nation.
Prime Minister Sheikh Hasina brought the constitutional change, allowing parliament to remove top judges in September, 2014.
In May last year, the High Court declared the amendment illegitimate after a lawyer filed a public interest litigation.
The Supreme Court led by chief justice S.K. Sinha gave a provisional verdict last month ruling against the government.
“It is a historic judgment regarding the independence of the judiciary. The law that empowered the parliament to impeach judges has been declared illegal and scrapped as well. Only the Supreme Judicial Council now retains the power to impeach judges as per the law,” advocate Manzil Morshed, who filed the litigation, told The New Nation.
He further said: “Not only lawyers, the public perception was that the judiciary could not function independently if the parliament had the power to sack judges on grounds of incapacity or misconduct.”
When asked if the verdict would trigger conflicts between the parliament and the judiciary, the lawyers said as per the Constitution, the Appellate Division’s decision is the final if dispute arises regarding the court. There is no chance for a rebuttal here. This verdict is the final resolution to a dispute.”
