HC questions JS power to remove SC judges
Monday, 10 November 2014
The High Court (HC) issued Sunday a rule asking for explanation as to why the 16th amendment of the constitution that provided the parliament with the power to remove Supreme Court judges should not be considered illegal and unconstitutional, reports UNB.
An HC bench comprising Justice Mainul Islam and Justice Ashraful Kamal issued the rule upon a public interest litigation filed by Supreme Court lawyers on November 5.
Cabinet Secretary, President's Office Secretary, Prime Minister's Office Secretary, Parliament Secretary, and Law, Justice and Parliamentary Affairs Secretary have been made respondents to the rule returnable within two weeks.
On November 5, nine Supreme Court lawyers, including Advocate Asaduzzaman and Advocate Imrul Kaiser, filed the petition with the HC challenging the legality of the 16th amendment.
Advocate Manzill Murshid represented the petitioners during the hearing on Sunday while deputy attorney general Motahar Hossain Saju appeared for the state.
Talking to reporters after the rule, Manzill Murshid said there must be some necessity or some flaws in the previous laws for enacting new laws, whereas the amendment of article 96 of the constitution that shifted the power of removing Supreme Court judges from the Supreme Judicial Council to the parliament can not be justified on any of these grounds.