bdnews24.com :
The government’s move to empower Parliament to impeach senior judges by amending Article 96 of the Constitution of Bangladesh has been challenged in the Supreme Court.
The apex court’s lawyer Md Yunus Ali Akand filed a writ petition on Sunday.
He told journalists, “The court has been moved seeking a ruling that the proposal to amend Article 96 of the Constitution is illegal.”
He also pleaded for an injunction on all activities regarding the government proposal.
The cabinet secretary and law secretary have been made the defendants in the rule.
“The Constitution has allowed the judges to act freely. But their freedom will be curtailed if Parliament is empowered to impeach judges by amending article 96,” Akand said.
“It is absolutely contradictory to the objective of separating the judiciary from the executive,” he continued.
In the 1972 Constitution, Article 96 allowed Parliament to impeach Supreme Court judges for proven offences or incapability by the vote of a two-thirds majority.
However, military ruler Ziaur Rahman later cancelled it and gave the power to a Supreme Judicial Council through the Fifth Amendment.
Later, the High court called the Fifth Amendment illegal, yet the article was not restored.
The issue of reviving Parliament’s authority came into focus after the Awami League took office in the last term.
In 2012, some MPs called for the removal of a High Court judge after a series of events centring the remark of the then speaker Abdul Hamid, who is now President.
The matter was also discussed when the 15th Amendment to the Constitution was underway, although the article was not restored.
The Law Commission on June 26 submitted a report making some recommendations to the parliamentary committee.
The government’s move to empower Parliament to impeach senior judges by amending Article 96 of the Constitution of Bangladesh has been challenged in the Supreme Court.
The apex court’s lawyer Md Yunus Ali Akand filed a writ petition on Sunday.
He told journalists, “The court has been moved seeking a ruling that the proposal to amend Article 96 of the Constitution is illegal.”
He also pleaded for an injunction on all activities regarding the government proposal.
The cabinet secretary and law secretary have been made the defendants in the rule.
“The Constitution has allowed the judges to act freely. But their freedom will be curtailed if Parliament is empowered to impeach judges by amending article 96,” Akand said.
“It is absolutely contradictory to the objective of separating the judiciary from the executive,” he continued.
In the 1972 Constitution, Article 96 allowed Parliament to impeach Supreme Court judges for proven offences or incapability by the vote of a two-thirds majority.
However, military ruler Ziaur Rahman later cancelled it and gave the power to a Supreme Judicial Council through the Fifth Amendment.
Later, the High court called the Fifth Amendment illegal, yet the article was not restored.
The issue of reviving Parliament’s authority came into focus after the Awami League took office in the last term.
In 2012, some MPs called for the removal of a High Court judge after a series of events centring the remark of the then speaker Abdul Hamid, who is now President.
The matter was also discussed when the 15th Amendment to the Constitution was underway, although the article was not restored.
The Law Commission on June 26 submitted a report making some recommendations to the parliamentary committee.
