Staff Reporter :
The Cabinet has approved the draft of a new law — ‘The Bangladesh Supreme Court Judges (Investigation) Bill, 2016’ — having provisions to investigate the allegation of ‘misconduct’ by judges of the Supreme Court and impeach them by the Parliament.
The proposed law has also kept a provision for the ‘honorable exit’ of a judge of the High Court Division and the Appellate Division of the Supreme Court if he or she is found guilty for his or her ‘misconduct’.
The Cabinet approved the draft law primarily in its regular meeting held at Bangladesh Secretariat with Prime Minister Sheikh Hasina in the chair. Ministers, state ministers and secretaries concerned were present at the meeting.
After the meeting, Cabinet Secretary Mohammad Shafiul Alam in a briefing said that the draft law has been prepared after detailed consultations with concerned stakeholders, including the judges of the High Court Division and the Appellate Division.
He further said that there is still scope to put forward suggestions in the draft law. The Cabinet will give its final nod to the draft after taking suggestions of the stakeholders on the issue, he added.
The same law will be applicable for physical and mental incapability of a judge, said the Shafiul Alam. According to the Cabinet Secretary, the draft law was placed by the Legislative and Parliamentary Affairs Division, as it was a ‘constitutional obligation’ under section 96 (3) of the Constitution following its 16th Amendment. In the Amendment, sub-sections 2, 3 and 4 of the section 96 were replaced by amending the sub sections 2, 3, 4, 5, 6, 7 and 8. According to the Cabinet Secretary, the draft law was placed by the Legislative and Parliamentary Affairs Division, as it was a ‘constitutional obligation’ under section 96 (3) of the Constitution following its 16th Amendment. In the Amendment, sub-sections 2, 3 and 4 of the section 96 were replaced by amending the sub sections 2, 3, 4, 5, 6, 7 and 8.
As per the new law, there is a provision for conducting a probe if any allegation is raised against any judge of the Supreme Court and framing a law to investigate the allegation. “The law has been brought following the constitutional obligation,” said Shafiul Alam.
He said that a similar law was in the original constitution of 1972 and it was changed after 1975 incorporating a provision of forming Supreme Judicial Council. Such council does not exist now in any country except Pakistan, he said.
The 1972 constitution empowered the Parliament with this authority. But the House was unable to exercise the power, as the then government did not formulate any law. Rather, the then AL-led government curtailed the power through the fourth amendment to the Constitution in January 1975. Ziaur Rahman introduced the Supreme Judicial Council by the Fifth Amendment to the constitution in 1979.
Under the draft law, any aggrieved citizen with evidence can submit a written application to the Speaker of the Parliament against any judge of the Supreme Court for his or her alleged misconduct.
The Speaker will form ‘preliminary committee’ with not more than 10 members of the Parliament to investigate if there is any justification of allegation while the committee will submit its prima-facie report before the Speaker within seven days. The recommendations of the committee will be placed before the Parliament for further discussion. Later, the Speaker will form a high-powered committee with former a SC judge, a former attorney general and noted jurists to review the primary report.
On completion of the investigation, the Parliament will hold a discussion on the report to be submitted by the committee. The recommendations adopted by the Parliament with two-thirds majority will be sent to the President for his or her signature to remove a judge if he or she is found guilty, said the Cabinet Secretary.
If anyone comes up with false allegations against any judge, he will be jailed for two years and fined Tk 5 lakh for the offence, the draft says.
