Petition with HC against govt move
A Supreme Court lawyer yesterday filed a writ petition with the High Court seeking its directive on the government not to restore parliament's authority to impeach Supreme Court judges by abolishing the existing Supreme Judicial Council.
Advocate Eunus Ali Akond in his petition also prayed that the HC ask the government to maintain status quo on the government's reported decision about changing Article 96 of the constitution to restore the parliament's power to impeach judges.
According to the article, the Supreme Judicial Council, led by the chief justice, inquires into the capacity or conduct of a judge and recommends to the president, and then the president can order for the judge's removal.
In the petition, Eunus said the government had reportedly decided to bring amendment to the constitution for empowering the parliament to impeach the SC judges.
If parliament is given power to impeach the judges, the independence of judiciary will be damaged and the judges will remain under pressure, he said, adding that independence of the judiciary is one of the basic pillars of the constitution.
Article 94 (4) of the constitution declares that the chief justice and other judges of the Supreme Court shall be independent in the exercise of their judicial functions, he said.
Eunus prayed to the court to issue a rule upon the government to explain why the government's decision to amend Article 96 of the constitution should not be declared illegal.
Law secretary and cabinet secretary have been made respondents to the required rule.
Eunus told The Daily Star that the HC may hear the petition within a few days.
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