Staff Reporter :
The Appellate Division of the Supreme Court (SC) on Thursday fixed February 8 for hearing an appeal filed against a High Court (HC) verdict that declared unconstitutional the 16th Amendment to the Constitution establishing Parliament’s power to remove the SC judges.
A four-member bench of the Appellate Division of the apex court led by the Chief Justice Surendra Kumar Sinha passed the order following a petition filed by the State.
The three-judge bench of Justice Moyeenul Islam Chowdhury, Justice Quazi Reza-Ul Hoque, and Justice Md Ashraful Kamal pronounced the verdict after hearing a public interest litigation writ petition.
Advocate Manzill Murshid stood for the petitioner while Attorney General Mahbubey Alam represented the State. Manzill Murshid said a regular bench of the Appellate Division is likely to hear the appeal on February 8.
Earlier on May 5 last year, the HC declared the 16th Amendment to the Constitution unconstitutional.
On August 11 last year, the HC released the copies of the judgment of two Justices of a three-member Special Bench, which had earlier declared the 16th Amendment to the Constitution establishing
Parliament’s power to remove the SC judges illegal and contradictory to the national charter.
In most of the Commonwealth countries, judges are not removed by parliaments.
Noting that Parliament Members cannot go against the party decision as per the Section 70 of the Constitution and they have to vote in favour of the party even if they do not approve of the matter, the court said judges will have to wait for MPs’ mercy if the 16th Amendment remains in force.
On September 17, 2014, the Jatiya Sangsad passed the ‘Constitution (16th Amendment) Bill, 2014’ without any opposition, empowering the Parliament to impeach judges of the SC due to their incapacity or misconduct.
Nine SC lawyers filed the writ petition with the HC on November 5, 2014, praying to consider the 16th Amendment as illegal and unconstitutional.
The petition also sought an order staying the operation of the 16th Amendment and also against enacting any law in a bid to remove the SC judges, as per this Amendment, until disposal of the rule.
After primary hearing, the HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal issued a rule asking the government to explain why the Amendment should not be declared illegal and contrary to the Constitution.
The Appellate Division of the Supreme Court (SC) on Thursday fixed February 8 for hearing an appeal filed against a High Court (HC) verdict that declared unconstitutional the 16th Amendment to the Constitution establishing Parliament’s power to remove the SC judges.
A four-member bench of the Appellate Division of the apex court led by the Chief Justice Surendra Kumar Sinha passed the order following a petition filed by the State.
The three-judge bench of Justice Moyeenul Islam Chowdhury, Justice Quazi Reza-Ul Hoque, and Justice Md Ashraful Kamal pronounced the verdict after hearing a public interest litigation writ petition.
Advocate Manzill Murshid stood for the petitioner while Attorney General Mahbubey Alam represented the State. Manzill Murshid said a regular bench of the Appellate Division is likely to hear the appeal on February 8.
Earlier on May 5 last year, the HC declared the 16th Amendment to the Constitution unconstitutional.
On August 11 last year, the HC released the copies of the judgment of two Justices of a three-member Special Bench, which had earlier declared the 16th Amendment to the Constitution establishing
Parliament’s power to remove the SC judges illegal and contradictory to the national charter.
In most of the Commonwealth countries, judges are not removed by parliaments.
Noting that Parliament Members cannot go against the party decision as per the Section 70 of the Constitution and they have to vote in favour of the party even if they do not approve of the matter, the court said judges will have to wait for MPs’ mercy if the 16th Amendment remains in force.
On September 17, 2014, the Jatiya Sangsad passed the ‘Constitution (16th Amendment) Bill, 2014’ without any opposition, empowering the Parliament to impeach judges of the SC due to their incapacity or misconduct.
Nine SC lawyers filed the writ petition with the HC on November 5, 2014, praying to consider the 16th Amendment as illegal and unconstitutional.
The petition also sought an order staying the operation of the 16th Amendment and also against enacting any law in a bid to remove the SC judges, as per this Amendment, until disposal of the rule.
After primary hearing, the HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal issued a rule asking the government to explain why the Amendment should not be declared illegal and contrary to the Constitution.
