Repeal 16th amendment, demands SCBA
Friday, 19 September 2014
The Supreme Court Bar Association (SCBA) demanded Thursday that the just-passed Constitution (16th Amendment) Bill 2014, aimed at empowering parliament to remove Supreme Court (SC) judges be revoked, reports UNB.
They came up with the demand at a press conference at SCBA Auditorium in the city.
At a separate press conference in the city, Barrister Amir-Ul Islam, one of the members of the constitution draft formulation committee, observed that there was no need for this amendment.
Speaking at the SCBA press conference, its president Khandker Mahbub Hossain said, "Despite opposition from lawyers, intellectuals and even the media about this amendment, it has been passed to jeopardise the independence of the judiciary through political control."
He said the government has unethically and illegally amended the article 96 of the constitution to give the power of removing SC judges to a parliament elected in a 'voter-less' election.
SCBA secretary Barrister Mahbub Uddin Khokon noted that the SC judges will always remain scared of MPs due to this amendment and justice cannot be ensured to people. "For the sake of justice, I'll call upon all the MPs from the legal service not to file any case with the Supreme Court," he said.
Meanwhile, at a press conference at his chamber on Supreme Court campus, Barrister Amir-Ul Islam said, "There was no need for this amendment. There had been a balance in everything when the power to remove judges entrusted upon the Supreme Judicial Council. This amendment will lead to violation of the judiciary's independence," he said.
Noting that constitutional bodies like the Election Commission, the Anti Corruption Commission, the Public Service Commission and the National Human Rights Commission have become accountable to parliament, Amir-Ul Islam said, "It is good both for the constitution and constitutional bodies if no one enjoys the authority over any one."
Amir-Ul Islam further said, "If the authority goes in the hands of parliament, it'll always remain questionable. It's not good for the state and people."
Parliament Wednesday passed the much-talked-about 'Constitution (16th Amendment) Bill, 2014' without any opposition, paving the way for establishing its power to remove SC judges.
The bill was passed in Parliament by 327-0 as the Speaker put it in the division vote.