DHAKA: The full text of the verdict of Appellate division of Supreme Court scrapping the 16th amendment was published Tuesday (August 1).
High Court Additional Registrar Sabbir Foyez confirmed the news in the morning.
Earlier, the constitutional amendment sparked huge criticism as the National Parliament was empowered following it to impeach the Supreme Court judges.
On July 3, a seven-member bench of the Appellate Division, headed by Chief Justice SK Sinha, delivered the verdict, upholding the HC’s decision that declared the 16th amendment to the Constitution illegal.
The Supreme Court also dismissed an appeal filed by the state side against the HC verdict.
Consequently, the much-discussed 16th amendment got no approval in this second regime of Awami League-led 14-party alliance.
Earlier on June 1, the SC bench concluded the hearing on the matter and kept the case on CAV (pending for verdict any day).
The HC in its verdict on May 5 in 2016 scrapped the 16th constitutional amendment that restored the Parliament's authority to dismiss the SC judges on grounds of incapacity or misconduct.
The HC had declared that the amendment is illegal, unconstitutional and against the principles of the separation of state powers and the independence of the judiciary.
The “Constitution (16th Amendment) Bill-2014” was passed in the Parliament on September 17 in 2014. The amendment abolished the Chief Justice-led Supreme Judicial Council system which was introduced in 1978.
Nearly two months after the HC verdict, nine Supreme Court lawyers in November filed a writ petition with the High Court to have the amendment declared illegal and unconstitutional.
Following their petition, the High Court had declared the amendment illegal. Later on January 4 this year, the government filed an appeal petition, challenging the HC verdict.
On February 8, the Supreme Court appointed 12 senior lawyers as amici curiae (friends of court) seeking their opinions over the legality of the 16th amendment.
Nine amici curiae, including eminent jurist Dr Kamal Hossain, Justice TH Khan, Barrister M Amir-ul Islam, Barrister Rokanuddin Mahmud, AF Hasan Arif, and writ petitioners' counsel Manzill Murshed placed arguments before the SC against the constitutional amendment.
However, amici curiae Ajmalul Hossain QC, Attorney General Mahbubey Alam and Additional Attorney General Murad Reza argued in favor of the amendment.
On the other hand, two other amicus curiae- Barrister Rafiqul Haque and former law minister Barrister Shafique Ahmed- did not place any deposition.
The original constitution of 1972 had empowered the Parliament to remove the SC judges. But the fourth amendment to the Constitution in January in 1975 bestowed the authority on the President by abolishing the Parliament's power.
In 1978, Gen Ziaur Rahman introduced the Judicial Council by amending the constitution through a martial law proclamation.
Earlier, Advocate Manzil Murshed in his reaction after the Supreme Court verdict said that now, the Supreme Judicial Council, which was repealed through the 16th Amendment, will be restored for impeaching any judge.
BDST: 1035HRS, AUG 1, 2017
SI/EHJ
