Six-member full bench of SC can hear review on 16th amendment

The Appellate Division of the Supreme Court on Thursday opined that a six-member full bench of the apex court is competent to hold hearing on the review petition filed challenging its earlier verdict that upheld the cancellation of the 16th Constitutional amendment.
A six-member bench of the Appellate Division headed by Chief Justice Obaidul Hassan passed the decision after holding hearing from some senior lawyers regarding the issue.
A seven-member bench of the Appellate Division heard the appeal and upheld the HC verdict that cancelled the 16th Constitutional amendment, brought to restore Parliament's power to remove judges for incapacity or misconduct.
The petition filed by the state seeking review of that judgment came for hearing on November 16 in the six-member full bench of the apex court. A question then raised on that day as to whether a six-member bench can 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.
The review petition was scheduled to be heard on Thursday. However, the apex court cannot reach the item on the day. It may be heard in any day, said Manzill Murshid, a lawyer of the writ petitioners who challenged the amendment.

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