16th amendment undermines judiciary: Dr Kamal

The 16th amendment of the constitution created an opportunity to undermine independence of the judiciary by making it vulnerable to undue influences and pressure, eminent jurist Dr Kamal Hossain said today.

Kamal Hossain said this while placing an expert opinion before the Appellate Division of the Supreme Court (SC) during a hearing of an appeal against the High Court verdict that scrapped the 16th amendment of the constitution.

The 16th amendment of the constitution had empowered the parliament to remove a SC judge for incapacity and misbehavior.

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While placing argument before the SC, Dr Kamal Hossain fully supported the HC verdict that had scrapped the 16th amendment and said it is unconstitutional and void.

“There is abundant authority and precedent globally that judicial council or similar body consisting only of judges have been constituted in many countries including USA, UK, Canada, Hongkong, Germany, Sweden, Pakistan, Bangladesh, Malaysia, Singapore, Israel, Zambia, Trinidad and Tobago, New South Wales, Victoria and others,” he said.

He added that the consequence of the 16th amendment is to render the tenure of the judges insecure.

Following a writ petition filed by nine Supreme Court lawyers, the HC on May 5 last year declared the amendment illegal. The government on January 4 this year filed the appeal with the SC challenging the HC verdict.