Supreme Judicial Council suitable for SC judges' removal

Eminent jurist Barrister M Amir-Ul Islam yesterday told the Supreme Court that the system for removal of the judges through parliament has not been successful in different countries including India, Sri Lanka and Malaysia, rather the method has created debate there.

The Supreme Judicial Council is a balanced method for removal of the SC judges in the country, he said, adding that the apex court in its judgement said in constitution's Fifth Amendment case that the Supreme Judicial Council is much transparent and effective.

He was placing arguments as amicus curiae (friend of court) before the seven-member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha during hearing the 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 or misbehaviour. 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.

The SC will resume the hearing on the appeal today.

Another eminent legal expert Barrister MI Farooqui yesterday started placing arguments as amicus curiae before the apex court. Barrister Farooqui is expected to continue placing his arguments today.