The government will file an appeal with the Appellate Division of the Supreme Court against the High Court’s judgment that scrapped the 16th amendment to the Constitution.
Law, Justice and Parliamentary Affairs Minister Anisul Huq on Thursday said this in Parliament while delivering statement under the rule 300 of the rules of procedure following harsh criticism by some MPs over the HC’s verdict, passed down on Thursday. “They (HC) termed it (the 16th amendment) illegal, but it is not illegal at all… it (today’s judgment) is not maintainable,” Huq said. “As we believe in the freedom of judiciary, we’ll follow legal process and will lodge appeal with the Appellate Division. No conspiracy against the democracy will be tolerated,” he said. The minister said nobody opposed the 16th amendment to the Constitution when it was passed in the Parliament in September 2014 just to restore the provision which had been in the 1972 Constitution. The amendment was brought aiming to ensure the dignity of the judges and freedom of the judiciary. Earlier, Jatiya Party MP Fakhrul Imam and Kazi Firoz Rashid and Jasod MP Mainuddin Khan Badal harshly lambasted the HC’s verdict and demanded the statement of the Law Minister under the rule 300 in this regard. Fakhrul Imam opened the debate on the HC verdict criticizing it for playing games over the laws passed by the lawmakers. Kazi Firoz Rashid said if the law minister does not give statement under the rule 300 on the issue, the Jatiya Party MPs would stage walk-out from the House.
He also vented his anger questioning what had been the position of the MPs in the warrant of precedence of 1972 and what is the position now. The Jatiya Party MP urged the Speaker to protect the status and dignity of the lawmakers. Noting that now many conspiracies are on against Bangladesh, Mainuddin Khan Badal expressed his suspicion whether the Chief Justice became a victim of conspiracy by giving unnecessary remarks. Pointing at the Chief Justice, he said the provision the 16th amendment articulated in the Constitution was part of the 1972 Constitution. If so, as the Chief Justice, how can he say the process (of amendment of the Constitution) is illegal? Saying that the Chief Justice is making mistakes one after another, Badal said, “What will be decision taken about you?” He said the court is going to create a conflict through the judgment over the amendment.
