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SC defers hearing on review plea until Jan 18

16th amendment issue


FE REPORT | December 08, 2023 00:00:00


The Supreme Court has deferred until 18 January 2024 the hearing on a review petition that challenged the Appellate Division's verdict regarding the 16th constitutional amendment.

The apex court earlier upheld the cancellation of the amendment brought to restore parliament's power to remove judges for incapacity or misconduct.

A six-member bench of the Appellate Division, headed by Chief Justice Obaidul Hassan, passed the deferment order on Thursday.

The petition, filed by the state seeking review of that judgment, was up for hearing on November 16 in the six-member full bench of the apex court.

But a question was raised as to whether a six-member bench could hear a review petition filed against a verdict delivered by a seven-member bench.

In this situation, the Appellate Division on November 16 instantly took opinions from some senior lawyers who were present in the courtroom.

It also fixed November 23 for passing order on the issue.

Finally, the apex court on November 23 opined that a six-member full bench is competent to hear the review petition.

In continuation of that hearing, the petition came in the cause-list on Thursday.

Attorney General AM Amin Uddin appeared in the court hearing representing the state, while lawyer Manzill Murshid appeared for writ petitioners who challenged the legality of the amendment.

The government on 24 December 2017 filed the petition with the Appellate Division seeking review of its judgement that upheld the High Court verdict scrapping the amendment.

The amendment, made on 17 September 2014, had abolished the CJ-led Supreme Judicial Council and restored parliament's power to remove the judges.

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