JS power to impeach judges challenged

A Supreme Court lawyer today challenged the legality of the 16th amendment to the constitution that empowered parliament to remove Supreme Court judges for their incapacity and misconduct.

In his writ petition filed with the High Court, Eunus Ali Akond also appealed that the HC issues directives upon the government to cancel the amendment to the charter.

The court is likely to hear the petition on October 19, Akond told The Daily Star after filing the petition.

In the petition, the SC lawyer said no specific academic qualification of parliamentarian is  determined in the constitution but a lawyer or a district judge needs 10 years’ experience to become a SC judge.

A lawmaker who has no academic qualification cannot be empowered to impeach a SC judge, who is academically more qualified than him, Akond said.

The judiciary is independent and it cannot be controlled by any organ of the state as per the SC judgement in separation of the judiciary case, he added.

If the power to impeach a SC judge is given to the parliament, the independence of the judiciary will be damaged, he mentioned in the petition.

On September 17, the parliament passed the 16th constitutional amendment bill rejecting all calls for soliciting public opinion.

A gazette notification was issued on September 22 on the Constitution (Amendment) Act-2014.