16th amendment: Govt to appeal against HC verdict
Attorney General Mahbubey Alam yesterday said the government will file an appeal with the Supreme Court in a month against the High Court verdict that scrapped the 16th constitutional amendment empowering parliament to impeach apex court judges for misconduct or incapacity.
A “constitutional vacuum” has been prevailing in regards to removal of SC judges as there is no system in place for this since the HC's May 5 verdict, the attorney general told reporters at a press briefing at his SC office.
Following a writ petition filed on November 2014, a three-member special HC bench, by majority, declared the 16th amendment to the constitution illegal and unconstitutional.
Mahbubey Alam said the provision of the 1972 constitution about removal of SC judge was restored though the 16th amendment.
The provision of forming a supreme judicial council for removal of an SC judge was first incorporated in the then Pakistan's constitution during the regime of Gen Ayub Khan, he said, adding that if the provision of that regime is restored, the spirit of Liberation War and struggle of independence would go in vain.
Replying to a question, the country's top legal officer said the government would make a decision about the place of holding war crimes trials as it has been asked for relocating the International Crimes Tribunal from the SC premises.
The government would decide about whether the tribunal would remain in the capital or be relocated to any other district. The SC in August sent a letter to the law ministry, asking it to relocate the ICT from the old High Court building and to hand over possession to the SC by October 31.
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