The High Court yesterday issued a rule asking the government to explain in two weeks why the 16th amendment of the Constitution, which empowered the Parliament to remove Supreme Court judges, should not be declared illegal and unconstitutional.
In response to a public interest litigation writ petition, the HC bench comprising Justice Mainul Islam and Justice Ashraful Kamal issued the rule.
Cabinet Secretary, President’s Office Secretary, Prime Minister’s Office Secretary, Parliament Secretary, and Law, Justice and Parliamentary Affairs Secretary have been made respondents to reply to the rule in two weeks.On November 5, nine Supreme Court lawyers, including Advocate Asaduzzaman and Advocate Imrul Kaiser, filed the writ petition with the HC challenging the legality of the 16th amendment.
Advocate Manzill Murhsid, counsel for the petitioners, told reporters that there must be some necessity or some flaws in the previous laws for enacting new laws. But, without following any grounds of the laws the government had brought 16th amendment to the Article 96 of the Constitution that that gave powered to remove Supreme Court judges to Parliament from the Supreme Judicial Council.
“I think there is a special interest behind this,” he said adding that the government might have been prompted to bring this amendment in view of the incidents taking place in the court arena over the last one year.
He also said, reintroducing the provision of removing judges through the Parliament might be motivated by malafide intension. Judges might feel at risk to pass an order against a lawmaker after introducing the amended provision, he added.
According to the petition, as per the apex court verdict in Mazder Hossain case, widely known as the separation of the judiciary case, the judiciary is independent and that it cannot be controlled by any state organ.
The petition further said that the judiciary’s independence would be hampered or damaged if the power to impeach an SC judge is given to Parliament.
On September 17, Parliament had passed the bill ignoring all calls for eliciting public opinion and bringing some changes to it. A gazette notification was issued on September 22 on the Constitution (Amendment) Act-2014.
Deputy attorney general Motahar Hossain Saju represented the state during the hearing. – Staff Reporter
