SC verdict scrapping 16th amendment: state to take initiative for hearing on review petition

Attorney General AM Amin Uddin today said the state will take necessary initiative for the Supreme Court's hearing on the 2017 review petition challenging its verdict which upheld the cancellation of the 16th constitutional amendment that restored parliament's power to remove judges for incapacity or misconduct.

"We will move an application before the Appellate Division of the Supreme Court when it starts regular functions after the end of ongoing Covid-19 pandemic for holding early hearing on the review petition regarding the 16th amendment of the constitution," he told reporters at his office on the SC premises.

The attorney general, however, did not elaborate on it.

More than three years and three months have passed since the state sought review of the apex court verdict that upheld cancellation of the 16th constitutional amendment.

Neither the state nor the petitioner, who sought scrapping of the amendment, has taken any initiative to hold the hearing at the Appellate Division.

In September 2014, the parliament passed the 16th amendment to the constitution, re-empowering itself to remove SC judges for incapacity or misconduct.

A few days later, SC lawyer Manzill Murshid filed a writ petition with the High Court, seeking repeal of the amendment. After hearing both sides, the High Court declared the 16th constitutional amendment null and void in May 2016.

The state then challenged the HC verdict, but the SC rejected the appeal on July 3, 2017 and thus upheld scrapping of the amendment.

On December 24, 2017, the state filed a review petition against the SC verdict. Since then, the petition has been pending with the court.