There is no reason for the Supreme Court judges to be panicked if the parliament gets the authority to impeach the judges for their misconduct or incapacity, Bangladesh Law Commission Chairman Justice ABM Khairul Haque said today.
"Parliament is supreme and sovereign and it represents people. So all the people including the judges should be accountable to the parliament," Justice Khairul said at a press briefing at the law commission office in Dhaka.
His remark came shortly after the cabinet approved the sixteenth charter amendment proposal restoring the parliament’s authority to impeach the Supreme Court judges for misconduct or incapacity.
In most of the countries including USA, UK and India, the parliaments have been given the power to impeach the judges, Khairul, also a former chief justice, said.
Replying to a question, the law commission chairman said the government would have to formulate a law determining the procedure for impeachment of judges.
The judges must be given scope to defend themselves if any allegation of misconduct and incapacity are proved against them, he further said.
The parliament of Bangladesh had been given such power according to original constitution of 1972.
But Gen Ziaur Rahman had changed the constitution through the martial law and included the provision Supreme Judicial Council in the fifth amendment of the constitution for impeachment of the judges, he mentioned.
Justice Khairul further said the High Court had cancelled the fifth amendment of the constitution in 2005 and the Supreme Court in 2011 in a judgement, saying the provision of Supreme Judicial Council will remain in force until December 31, 2011.