16th amendment case verdict: Preparation for filing review petition on: AG

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Staff Reporter :
Preparation to file a review petition on the judgement of the 16th amendment case is going on in full-swing. Lawyers’ team of the Attorney General office are working day and night in this regard, said Attorney General (AG) Mahbubey Alam.
 “We are working till 10:00 pm everyday for a month. We are writing the ground of the review and then revising it. But drafting has been completed
only 25 per cent,” the AG said.
Though drafting completed only 25 percent, the AG hoped that they would be able to submit the review petition within this month.
The Supreme Court (SC) published the full text of the judgement on August 1, 2017 delivered by a seven-member Appellate Division bench headed by Chief Justice Surendra Kumar Sinha on July 3, 2017.
The provision of Supreme Judicial Council (SJC) for the removal of SC judges for misconduct or incapacity has been reinstated in the Constitution, the apex court said in its full judgement on the 16th constitutional amendment.
Some observations of the judgement grew anger among the ruling party and the governmnet.
A number of Awami League (AL) leaders and pro-AL lawyers demanded the Chief Justice’s resignation, accusing him of undermining Parliament and Bangabandhu Sheikh Mujibur Rahman in the 16th amendment case judgement.
On September 13, the Jatiya Sangsad passed a resolution calling for legal steps to nullify the SC judgement. The Law Minister said on several occasions that the government would seek a review of the judgment.
In the meantime, Chief Justice Surendra Kumar Sinha went on a long leave on health grounds. But perception remains that he was forced to go on leave due the government’s anger with observations in the judgement.
Recently, an 11-member lawyers’ team has been formed under the leadership of Attorney General for filing a review petition against the Supreme Court (SC) judgement in the case on the 16th amendment to the Constitution.
The team includes two Additional Attorney Generals and eight Deputy Attorney Generals.
The team is studying and examining the relevant law points for preparing and moving the review petition against the SC judgement, said the AG.
The government may seek cancellation of the full verdict in the review petition, sources said.
On September 17, 2014, the AL government abolished the decades-old Supreme Judicial Council and restored parliament’s authority to remove SC judges by the 16th amendment. But it was challenged with the HC on November 5, 2014, through a writ petition filed by nine SC lawyers.
The High Court issued rule on the amendment on November 9, 2014. After hearing the HC declared the amendment illegal on the basis of the view of the majority on May 5, 2016. Later, the State appealed against the HC verdict.
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