Staff Reporter :
The judgment delivered by Justice Md Ashraful Kamal on 16th constitutional amendment that empowered Jatiya Sangsad to remove Supreme Court Judges instead of Supreme Judicial Council made some unique observations, which are special in nature.
Yesterday we published in brief the judgment of the Special Bench of High Court Division comprising Justices Moyeenul Islam Chowdhury, Justice Quazi Reza-Ul Haque and Justice Md Ashraful Kamal on the 16th amendment to the Constitution.
By the majority judgment delivered by Justice Moyeenul Islam Chowdhury the 16th constitutional amendment of 2014, the two judges found it unconstitutional.
But the third judge on the bench Justice Md Ashraful Kamal dissented in his judgment and found the amendment to the Constitution is legal that has reestablished in his view the independence of judiciary.
Today we publish part of his dissenting judgment for its unique nature and special importance.
Justice Ashraful Kamal in his 125-page judgment out of 290 pages the rest being contributed by two other judges, expressed his humble gratitude to the esteemed Jatiya Sangsad and made several
observations, which appears spectacular. Justice Ashraful Kamal said, the judgment of Supreme Court Appellate Division of 29.03,2011 acting on a civil review petition, has buried the ‘Supreme Judicial Council’ from January 1, 2013.
Former president Major Gen Ziaur Rahman, who had illegally occupied the state power by breaking army rules, had established the council by a stroke of bayonet by inserting clause 96th in the Constitution.
The Appellate Division by cancelling the provision of the Supreme Judicial Council has restored the original provision of the Constitution relating to removal of Supreme Court Judges; which the Constitution framing committee and 403 members of the Constituent Assembly adopted in the Constitution.
The Father of the Nation and the Best Bangalee of all times Bangabandhu Sheikh Mujibur Rahman led the framing of the Constitution.
The judgment said, We must remember that we have got
the Constitution at the cost of thirty lakh martyrs and the honour of two lakhs mothers and sisters.
The responsibility of the Supreme Court was to declare illegal and cancel the 96th clause of the Constitution, which allowed the wish of Major General Ziaur Rahman to create the Supreme Judicial Council to remove judges.
But our Supreme Court earlier has failed to do it. The former Justice ABM Khairul Haque has rescued our Supreme Court from that shame and historic slander by his judgment on 5th constitutional amendment in 2005.
He said in the judgment that later the Supreme Court under the leadership of Chief Justice Md Tafazzal Islam struck the last nail in the coffin of Supreme Judicial Council cancelling it in the judgment on 29,03, 2011 on a civil review case.
So it is clear that our esteem Jatiya Sangsad by adopting the 16th constitutional amendment in 2014 has made our Constitution free from slander. It has reestablished the real independence of judiciary and returned us to the original Constitution.
“It is therefore I express the humble gratitude and indebtness to the esteem Jatiya Sangsad,” he said in the judgment.
The judgment delivered by Justice Md Ashraful Kamal on 16th constitutional amendment that empowered Jatiya Sangsad to remove Supreme Court Judges instead of Supreme Judicial Council made some unique observations, which are special in nature.
Yesterday we published in brief the judgment of the Special Bench of High Court Division comprising Justices Moyeenul Islam Chowdhury, Justice Quazi Reza-Ul Haque and Justice Md Ashraful Kamal on the 16th amendment to the Constitution.
By the majority judgment delivered by Justice Moyeenul Islam Chowdhury the 16th constitutional amendment of 2014, the two judges found it unconstitutional.
But the third judge on the bench Justice Md Ashraful Kamal dissented in his judgment and found the amendment to the Constitution is legal that has reestablished in his view the independence of judiciary.
Today we publish part of his dissenting judgment for its unique nature and special importance.
Justice Ashraful Kamal in his 125-page judgment out of 290 pages the rest being contributed by two other judges, expressed his humble gratitude to the esteemed Jatiya Sangsad and made several
observations, which appears spectacular. Justice Ashraful Kamal said, the judgment of Supreme Court Appellate Division of 29.03,2011 acting on a civil review petition, has buried the ‘Supreme Judicial Council’ from January 1, 2013.
Former president Major Gen Ziaur Rahman, who had illegally occupied the state power by breaking army rules, had established the council by a stroke of bayonet by inserting clause 96th in the Constitution.
The Appellate Division by cancelling the provision of the Supreme Judicial Council has restored the original provision of the Constitution relating to removal of Supreme Court Judges; which the Constitution framing committee and 403 members of the Constituent Assembly adopted in the Constitution.
The Father of the Nation and the Best Bangalee of all times Bangabandhu Sheikh Mujibur Rahman led the framing of the Constitution.
The judgment said, We must remember that we have got
the Constitution at the cost of thirty lakh martyrs and the honour of two lakhs mothers and sisters.
The responsibility of the Supreme Court was to declare illegal and cancel the 96th clause of the Constitution, which allowed the wish of Major General Ziaur Rahman to create the Supreme Judicial Council to remove judges.
But our Supreme Court earlier has failed to do it. The former Justice ABM Khairul Haque has rescued our Supreme Court from that shame and historic slander by his judgment on 5th constitutional amendment in 2005.
He said in the judgment that later the Supreme Court under the leadership of Chief Justice Md Tafazzal Islam struck the last nail in the coffin of Supreme Judicial Council cancelling it in the judgment on 29,03, 2011 on a civil review case.
So it is clear that our esteem Jatiya Sangsad by adopting the 16th constitutional amendment in 2014 has made our Constitution free from slander. It has reestablished the real independence of judiciary and returned us to the original Constitution.
“It is therefore I express the humble gratitude and indebtness to the esteem Jatiya Sangsad,” he said in the judgment.
