Staff Reporter:
The Supreme Judicial Council (SJC) is reinstated to remove apex court judges for incapacity or violating the code of conduct as the Appellate Division of the Supreme Court yesterday disposed of a plea to re-view the apex court judgment that had declared the 16th constitutional amendment illegal.
“Disposed of with observation,” said the order passed by the Appellate Division bench headed by Chief Justice Syed Refaat Ahmed.
“The judicial through this order reached a point to work independently. This verdict will surely make its place in the history and surely be a milestone for the real independence of the judiciary,” Attorney Gen-eral Md Asaduzzaman said.
The chief state counsel further said a historic responsibility has been assigned to the Supreme Judicial Council, adding, “I hope they would be able to work correctly, keeping their backbone straight.”
“The review plea was filed much earlier on 94 grounds. We have examined all the 94 grounds and came to a conclusion that there is not a single ground good enough to review the case. We told the court that we would not place the grounds before it,” he added.
Senior advocate Manjil Mushid moved the writ petition before the court, while Barrister Ruhul Quddus Kazal as well took part in the hearing. Attorney General Md Asaduzzaman stood for the state.
A seven-member Appellate Division full bench on July 3, 2017, pronounced its judgment, upholding a High Court verdict that declared illegal the 16th amendment to the constitution, which had empowered parliament to remove judges for incapacity or misconduct. The state later filed the plea, seeking a review of the apex court judgment.
A three-member High Court bench led by Justice Moyeenul Islam Chowdhury had delivered the verdict by majority on May 5, 2016.
