HC questions JS power to impeach SC judges
The High Court today questioned the legality of the 16th amendment of the constitution that empowers lawmakers to impeach Supreme Court judges for incapacity or misconduct.
The court issued a rule upon the government seeking its explanation by two weeks why the amendment should not be declared illegal and annulled.
The cabinet secretary, prime minister’s office secretary, president’s office secretary, parliament secretary, and law secretary have been made respondents to the rule.
The HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal passed the order after hearing a writ petition lodged by nine Supreme Court lawyers including Asaduzzaman Siddique, Aklas Uddin Bhuiyan and Sarwar Ahad Chowdhury.
The bench set November 26 to pass further necessary order in this regard, petitioners’ counsel Manzill Murshid told The Daily Star.
On September 17, the parliament, led by ruling Awami League, unanimously passed the 16th amendment of the constitution and regained the power to impeach judges – which was available in the 1972 constitution.
The major constitutional change was brought in the backdrop of High Court ordering a directive on the government for arrest of three top Rab officials, which included a relative of a minister, in the gruesome Narayanganj seven-murder case.
On November 5, the nine lawyers lodged a writ against the amendment stating that the provision might curb the independence of the judiciary.
They said in the petition that reintroducing the provision in the constitution might be motivated from malafide intension and requested that the HC examine this matter. “Judges might feel at risk to pass an order against a lawmaker.”
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