Proviso returns to remove judges for incapacity, misconduct

The provision of the Supreme Judicial Council (SJC) has been restored in the constitution to remove apex court judges for their incapacity or misconduct.
The Appellate Division reinstated Article 96 in the Constitution on Sunday. The article was linked to the SJC before the making of the 16th amendment that empowered parliament to remove judges.
The Supreme Court delivered the verdict by disposing of, with observations, a petition filed by the state seeking review of its earlier judgment that upheld the cancellation of the amendment.
A six-member bench, headed by Chief Justice Syed Refaat Ahmed, passed the decision clearing the way for the council to initiate proceedings against judges for their incapacity of misconduct, according to lawyers concerned.
As per the constitution, the SJC was constituted comprising the chief justice and two senior most judges of the Appellate Division before 16th amendment.
Attorney General (AG) Md Asaduzzaman stood for the hearing on behalf of the state, while lawyer Manzill Murshid represented the writ petitioners who challenged the legality of the amendment.
Lawyer Md Ruhul Quddus Kazal also took part in the hearing with the permission of the court.
After the verdict, AG Asad said, "The court has disposed of the review petition in consideration of our submission. Following the court order, article 96 will be reinstated in the constitution as it was before the 16th amendment."
"The Supreme Judicial Council revived from the moment when the 16th amendment was declared illegal by the apex court. As a result, the verdict announced seven years ago by the Appellate Division was effective, and it remains effective..."
The chief law officer said, "Revival of the SJC means the judiciary has come out of the clutches of corruption and politics. At the same time, the SJC has been assigned a historic responsibility. We hope they will properly use their power and backbone. If they fail, history will judge them."
The then AG office on 24 December 2017 filed the review plea with the Appellate Division seeking review of its judgment that upheld the High Court verdict scrapping the 16th amendment.
However, on Sunday, the new attorney general submitted only one ground to review the judgment avoiding 94 grounds placed by the attorneys general of the Awami League regimes.
The 16th amendment, made on 17 September 2014, abolished the CJ-led SJC and restored parliament's power to remove judges.
But it was challenged with the HC on 05 November 2014 through a writ petition filed by nine SC lawyers.
The HC issued a rule on the amendment on 09 November 2014. After hearing, the HC declared the amendment illegal based on the view of the majority on 05 May 2016.
Later, the government appealed against the HC verdict.

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