16th Amendment: SC releases full text of verdict

block

The Supreme Court on Tuesday released the full text of its verdict upholding the High Court verdict that declared the 16th Amendment to the Constitution establishing Parliament’s authority to remove Supreme Court judges, illegal.
The copy of the 799-page full verdict was released after singing of all members of the Appellate Division bench, headed by Chief Justice Surendra Kumar Sinha, said the SC additional registrar Sabbir Foyez.
The copy of the verdict will be released soon on the SC website.
Earlier on July 3, the Supreme Court upheld the High Court verdict.
A seven-member Appellate Division bench, headed by Chief Justice Surendra Kumar Sinha, delivered the short verdict.
Other members of the bench are Justice M Abdul Wahhab Miah, Justice Nazmun Ara Sultana, Justice Syed Mahmud Hossain, Justice Muhammad Imman Ali, Justice Hasan Foez Siddique and Justice Mirza Hussain Haider.
Earlier on June 1, the Appellate Division concluded the hearing of the appeal filed by the government challenging the HC order.
On February 8 last, the SC appointed 12 senior jurists as amici curiae (friends of court) seeking their opinions over the legality of the 16th amendment.
On September 17, 2014, the Jatiya Sangsad passed the ‘Constitution (16th Amendment) Bill, 2014’ without any opposition, empowering Parliament to impeach judges of the Supreme Court for their ‘incapacity’ or ‘misconduct’.
Nine Supreme Court lawyers filed a writ petition with the High Court on November 5, 2014, questioning the validity of the Amendment.
On May 5 last year, the HC declared the 16th Amendment to the Constitution illegal. The government on January 4 last filed an appeal challenging the HC decision.
The Constitution drafted in 1972 had given the MPs the power to impeach judges and decide their term in office. But after the Fourth
Amendment in 1975, the power was vested with the President.

block