July 4,2017:

Chief Justice Surendra Kumar Sinha pronounced the unanimous seven Judges Bench Judgement.

Bangladesh’s Supreme Court in a landmark verdict declared void a 2014 constitutional amendment empowering the Parliament to impeach the Apex Court judges.

A ruling which Government stated this could undermine the sovereign parliament’s authority.

Chief Justice Surendra Kumar Sinha pronounced as Seven member Apex Court Bench unanimously upheld the previous High Court judgment calling 16th Amendment to constitution illegal.

He expounded that Seven member Apex Court Bench has dismissed Appeal “with some findings” after hearing arguments for and against Government appeal against High Court decision for over 11 days.

Verdict came amid a visible conflict between the Prime Minister Sheikh Hasina’s ruling Awami League Government and Supreme Court over Apex court jurisdiction in disciplining the lower judiciary judges.

Several lawyers stated that the verdict would automatically restore previous provision of the Supreme Judicial Council, comprising Chief Justice and the two senior most Apex Court judges, in removing the Supreme Court judges on the moral or the health grounds.

Supreme Court in unitary Bangladesh has two divisions Appellate Division and the High Court Division unlike countries with the federative structures like India.

Parliament passed Amendment in September 2014, repealing provision of Supreme Judicial Council authorising judicial body to investigate the allegations against the judges and recommend their removal to President as head of state.

Bangladesh’s original 1972 constitution had empowered the Parliament to remove the Supreme Court judges but a 1975 amendment entrusted President with authority while a subsequent amendment in the year 1978, when a military regime was in power, bestowed Authority on Council.

Apex Court earlier in the year 2010 scrapped Fifth Constitutional amendment that validated all the activities of first martial law regime when it, however, condoned introduction of the Judicial Council.

Writ petition by Supreme Court lawyer, High Court in the year 2016 declared void 16th amendment calling it a “colourful legislation” and contradictory to Principle of separation of the judiciary and basic spirit of the Constitution.

Source - PTI