Dhaka – The Appellate Division the Supreme Court on Sunday asked the prosecution not to make any political argument during hearing on the appeal against the High Court order that declared illegal the 16th amendment to the constitution establishing Parliament’s authority to remove Supreme Court judge.The full-bench of the Appellate Division headed by Chief Justice SK Sinha heard the appeal for the third day on Sunday and adjourned the hearing till 11 am on Monday, when arguments on behalf of the state are supposed to placed before the apex court.
On February 8, the Supreme Court appointed 12 senior jurists as amicus curiae (friends of court) for having their opinions over the legality of the 16th amendment of the constitution.
On September 17, 2014, the Parliament passed the ‘Constitution (16th Amendment) Bill, 2014’ by 327-0 votes as the Speaker put it in the division vote, empowering Parliament to impeach judges of the Supreme Court for their ‘incapacity’ or ‘misconduct’.
On November 5, 2014, nine supreme court lawyers filed a writ petition with the High Court Division challenging the validity of the amendment. On May 5 last year, the High Court declared the 16th Amendment to the constitution illegal. Later, on January 4, the government lodged the appeal questioning the High Court decision.
The constitution, drafted in 1972, had given the Members of Parliament authority to impeach the judges and decide their term in office. But after the Fourth Amendment in 1975, the authority was given to the President. – Special Correspondent
