UNB, Dhaka :
Parliament on Wednesday unanimously adopted a resolution to take proper legal steps against the declaration of the 16th amendment to constitution as ‘ultra vires’ and cancelling unconstitutional, objectionable and irrelevant observations of the Chief Justice (CJ) in the Appellate Division verdict.
Jasod lawmaker Moin Uddin Khan Badal placed the resolution in the House under the provision 147 (1) of the Rules of Procedure around 6pm when Speaker Dr Shirin Sharmin Chaudhury was in the chair.
The resolution was adopted by a voice vote following a marathon general discussion over it, which lasted for more than five hours.
The resolution reads, “Appropriate legal steps should be taken for cancelling the declaration of the 16th amendment to constitution as ‘ultra vires’ and scrapping unconstitutional, objectionable and irrelevant observations of the Chief Justice over Parliament and other important issues in the verdict of the 16th amendment case.”
Joining the discussion, MPs across the board harshly criticised Chief Justice Surendra Kumar Sinha for his various remarks in the Supreme Court verdict that upheld the High Court judgment declaring ‘ultra vires’ the 16th amendment to the Constitution- that is, in violation of it.
Participating in the discussion, Prime Minister Sheikh Hasina said the judgment was full of contradictions which is not acceptable.
“There are so many contradictions even self-contradictions in this judgment. This is not acceptable to us. Who wrote this judgment from where?” she said.
The Prime Minister also said that the Constitution did not provide the apex court with the authority to amend the Constitution.
She said, the CJ’s remarks regarding Bangabadhu are similar with that of anti-liberation people. “He (CJ) dishonored the role of father of the nation Bangabandhu Sheikh Mujibur Rahman.”
Sheikh Hasina said three organs of the country are complementary to each other. None shall undermine another. Everyone should run following the laws. Everybody should have accountability, she added.
About the Supreme Judicial Council formulated during the martial law she said this whole judiciary has been put under his sole authority with the introduction of the council. “If the CJ becomes angry with anyone, he can remove him from his post,” she added.
The Prime Minister said the CJ also undermined the President in this verdict.
Noting that the CJ claimed the Supreme Judicial Council became aligned with the basic structures of the Constitution, Sheikh Hasina questioned the motive of such claim.
“This verdict did not get any acceptability from anyone of the country,” she said adding that only BNP became cheerful without going through the whole text of the verdict properly as the supreme judicial council was restored.
Law Minister Anisul Huq categorically said this judgment will not go without final legal challenge. “We’ve already start working in this regard.”
He said the judgment was not delivered based on logics rather it was emotional and came out of hatred. “The verdict tarnished image of not only the judiciary, but also the whole country.”
Commerce Minister Tofail Ahmed said the Chief Justice termed MPs ‘immature’ in the verdict. “The justices appointed by the President, who is elected by us (MPs), are mature, but we are immature!” he said.
He said the CJ tried to make BNP cheerful through this judgment in a time when the country was marching forward under the leadership of the Prime Minister.
Noting that the CJ asked the Anti-Corruption Commission (ACC) not to conduct investigation against a judge, Tofail said, “The ACC can investigate graft charges of you (PM), me and all, but not justices. What a surprise!”
Talking about the Supreme Judiciary Council introduced in 1977, the AL leader said The Council did not investigate charge even against a single justice in the last 40 years.
Parliament on Wednesday unanimously adopted a resolution to take proper legal steps against the declaration of the 16th amendment to constitution as ‘ultra vires’ and cancelling unconstitutional, objectionable and irrelevant observations of the Chief Justice (CJ) in the Appellate Division verdict.
Jasod lawmaker Moin Uddin Khan Badal placed the resolution in the House under the provision 147 (1) of the Rules of Procedure around 6pm when Speaker Dr Shirin Sharmin Chaudhury was in the chair.
The resolution was adopted by a voice vote following a marathon general discussion over it, which lasted for more than five hours.
The resolution reads, “Appropriate legal steps should be taken for cancelling the declaration of the 16th amendment to constitution as ‘ultra vires’ and scrapping unconstitutional, objectionable and irrelevant observations of the Chief Justice over Parliament and other important issues in the verdict of the 16th amendment case.”
Joining the discussion, MPs across the board harshly criticised Chief Justice Surendra Kumar Sinha for his various remarks in the Supreme Court verdict that upheld the High Court judgment declaring ‘ultra vires’ the 16th amendment to the Constitution- that is, in violation of it.
Participating in the discussion, Prime Minister Sheikh Hasina said the judgment was full of contradictions which is not acceptable.
“There are so many contradictions even self-contradictions in this judgment. This is not acceptable to us. Who wrote this judgment from where?” she said.
The Prime Minister also said that the Constitution did not provide the apex court with the authority to amend the Constitution.
She said, the CJ’s remarks regarding Bangabadhu are similar with that of anti-liberation people. “He (CJ) dishonored the role of father of the nation Bangabandhu Sheikh Mujibur Rahman.”
Sheikh Hasina said three organs of the country are complementary to each other. None shall undermine another. Everyone should run following the laws. Everybody should have accountability, she added.
About the Supreme Judicial Council formulated during the martial law she said this whole judiciary has been put under his sole authority with the introduction of the council. “If the CJ becomes angry with anyone, he can remove him from his post,” she added.
The Prime Minister said the CJ also undermined the President in this verdict.
Noting that the CJ claimed the Supreme Judicial Council became aligned with the basic structures of the Constitution, Sheikh Hasina questioned the motive of such claim.
“This verdict did not get any acceptability from anyone of the country,” she said adding that only BNP became cheerful without going through the whole text of the verdict properly as the supreme judicial council was restored.
Law Minister Anisul Huq categorically said this judgment will not go without final legal challenge. “We’ve already start working in this regard.”
He said the judgment was not delivered based on logics rather it was emotional and came out of hatred. “The verdict tarnished image of not only the judiciary, but also the whole country.”
Commerce Minister Tofail Ahmed said the Chief Justice termed MPs ‘immature’ in the verdict. “The justices appointed by the President, who is elected by us (MPs), are mature, but we are immature!” he said.
He said the CJ tried to make BNP cheerful through this judgment in a time when the country was marching forward under the leadership of the Prime Minister.
Noting that the CJ asked the Anti-Corruption Commission (ACC) not to conduct investigation against a judge, Tofail said, “The ACC can investigate graft charges of you (PM), me and all, but not justices. What a surprise!”
Talking about the Supreme Judiciary Council introduced in 1977, the AL leader said The Council did not investigate charge even against a single justice in the last 40 years.
