The Appellate Division of the Supreme Court on Sunday disposed of the review petition against its earlier verdict, which declared the 16th Amendment to the Constitution — giving parliament members the power to remove judges — illegal.
As a result, the annulment of the 16th Amendment remains intact, according to legal experts, meaning the authority to remove judges now reverts to the Supreme Judicial Council.
This verdict reinstates the authority of the Supreme Judicial Council, allowing it to investigate and address allegations of incompetence or professional misconduct against judges.
A six-member bench of the Appellate Division, led by Chief Justice Syed Refaat Ahmed, dismissed the state's petition to review the ruling that declared the 16th Amendment illegal and unconstitutional.
Clauses 2 to 8 of Article 96 of the constitution, which were repealed by the 16th amendment, were also restored as part of the verdict.
The 16th Amendment, passed by the Awami League government in 2014, sought to transfer the power of removing judges from the Supreme Judicial Council to the National Parliament.
However, the amendment's legality was challenged in the High Court. In a ruling on 5 May 2016, a special bench declared the amendment unconstitutional by majority decision.
The government appealed against this ruling in January 2017, but on 3 July of the same year, the full Appellate Division bench, led by then Chief Justice Surendra Kumar Sinha, unanimously rejected the appeal, upholding the High Court's decision to annul the 16th Amendment.
The government filed a petition on 24 December 2017, seeking a review of the Appellate Division's verdict on the 16th Amendment.
As a result of Sunday’s ruling, the judiciary retains its independence, ensuring that the investigation and removal of judges will remain a judicial matter rather than a political one.
Bd-pratidin English/Tanvir Raihan
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