16th Amendment Hearing: Don't make political arguments
Supreme Court to lawyers
The Supreme Court yesterday asked the lawyers concerned not to make any political arguments before it during the hearing on the appeal against the High Court verdict that scrapped the 16th amendment of the constitution.
The 16th amendment had empowered parliament to remove judges for incapacity or misbehaviour. Following a writ petition filed by nine Supreme Court lawyers, the HC on May 5 last year declared the amendment illegal.
“We [judges] have decided that we will not hear any political arguments on this appeal, as it is involved with the constitutional interpretation. Please maintain the decorum of the court and control the emotion during the hearing on the appeal,” Chief Justice Surendra Kumar Sinha said while presiding over a seven-member bench of the Appellate Division during the hearing on the appeal yesterday.
Attorney General Mahbubey Alam told the court that the name of Bangabandhu Sheikh Mujibur Rahman might be mentioned during placing arguments on the constitutional matter in the appeal.
Later on, Additional Attorney General Murad Reza placed arguments on the appeal, saying that the writ petition, upon which the HC scrapped the 16th amendment of the constitution, is not acceptable, as it was premature.
The writ petition was premature as it was moved before the HC challenging the 16th amendment of the constitution, although no law was formulated on this amendment, he said.
The additional attorney general said the provision of empowering parliament to remove judges for incapacity or misbehaviour was in the original constitution.
Those who illegally occupied the state power had changed the original constitution and included the provision of the Supreme Judicial Council in the constitution, he argued, adding that going back to the provision of the original constitution is not a violation of the basic structure of the constitution.
Murad Reza also argued that the HC in its verdict did not explain how the basic structures of the constitution were violated by bringing the 16th amendment to it.
After concluding yesterday's proceedings, the SC fixed 11:30am today for resuming the hearing.