Law Commission Chairman and former Chief Justice ABM Khairul Haque on Wednesday said in the Supreme Court’s verdict scrapping the 16th constitutional amendment should not term the national parliament as immature.
“Besides, many unsolicited observations have also been included in the judgment. These observations don’t match with judiciary. And these were not needed to be included in judgment,” he told journalists at a press briefing at his office in the city yesterday.
He said this is the first time that the Supreme Court’s judgment on the constitution’s 16th amendment goes in favour of military rule.
The readers have not forgotten that Justice ABM Khairul Haque as Chief Justice used his casting vote to make a majority judgment for discarding the election-time neutral caretaker government and helped Awami League to remain in charge of the election, making free election impossible. There is no example anywhere where election takes place without dissolving the parliament. Now as Chairman of Law Commission politically taking side in criticising the judiciary forgetting that the Law Commission is not for overseeing the judiciary.
He also joined First Security Islami Bank Ltd (FSIBL), a private commercial bank of the country, as an adviser. It was the first instance of employing a former Chief Justice by a commercial bank.
“By passing the main subject, many unsolicited observations have been mentioned in the verdict. It should not be done,” ABM Khairul Haque said.
He also termed the verdict as motivated, immature, pre-planned and undemocratic.
“Whether the chief justice is a headmaster and other justice are students? The chief justice will have to lead other justices through Supreme Judicial Council. According to the Constitution all justices are independent,” said the former chief justice.
He said the Constitution has been misinterpreted in the verdict.
“So the Constitution will have to be amended again to restore the Supreme Judicial Council. The Supreme Judicial Council was not included in the Constitution. So that it is contrary to Constitution. The Supreme Court’s verdict is completely immature, pre-planned and undemocratic,” ABM Khairul said.
He said Supreme Court corrects the lawmakers of the parliament if they do anything wrong.
“Our question is that if the justices of the Supreme Court do the mistake then where we will go,” he said, adding lawmakers have been undermined in the judgment.
Earlier, lawmakers and senior cabinet members expressed strong disagreement with the Supreme Court over the restoration of Supreme Judicial Council for removal of SC judges on grounds of gross misconduct or incapacity.
The SC in its full verdict in 16th constitutional amendment case said the provision of SJC has been reinstated following the cancellation of that amendment, which had empowered parliament to remove SC judges.
Meanwhile, the Law Minister Anisul Huq will brief the media today to discuss the Supreme Court verdict that scrapped the 16th amendment to the constitution.
The press conference will be held at the conference room of the ministry at 12 noon.
