Law Minister Anisul Huq on Sunday said the reaction of members of parliament to the High Court order declaring the 16th amendment illegal is an expression of emotion.
“The reaction of some MPs to the High Court order may be the expression of their sentiments as the MPs formulate laws. Such problem and debate often take palace among the three pillars of the State …it’s not unusual. Sometimes emotion works,” said Anisul. The Law Minister came up with the remark while talking to reporters after the inauguration of a workshop of sub-registrars at Judicial Administration Training Institute.
Replying to a question, the minister said, “I didn’t think the legislature and the judiciary are in a face-off… the statements in parliament after the HC order is not contempt of court…the remarks came out of emotion.”
“We should resolve our own problems and if anything happens between the judiciary and the legislature then it should be resolved,” he said. “Under article 96 of the constitution-1972, parliament members had power to remove judges but in 1977-78 a supreme judicial council was formed under a military regime abolishing the power of parliament.
We’ ve taken an initiative to reestablish parliament’s power through the 16th amendment which has been declared illegal,” said Anisul. On May 5, the High Court declared the 16th amendment to the Constitution establishing parliament’s power to remove Supreme Court judges illegal and contradictory to the national charter.
After the HC order, some parliamentary members, including the Law Minister, had reacted to the High Court order at that night. On May 8, the government filed a petition to the Supreme Court, seeking a stay on the High Curt order that had declared the 16th constitutional amendment illegal and contradictory to the constitution.