Law drafted for SC judge removal route

The law ministry has prepared the draft of a law, determining specific rules for removal of Supreme Court judges on grounds of incapacity and misbehaviour.

Law Minister Anisul Huq told The Daily Star on May 3 that the draft will "soon" be sent to the Supreme Court judges through Chief Justice Surendra Kumar Sinha for their consent.

"After getting opinions from judges, a discussion will be held among legal experts on this issue, and then it will be finalised to be placed as a bill in parliament," he said.

The law minister said he has a target to place the bill in the upcoming budget session of parliament for its passage.

He refused to disclose contents of the draft.

Replying to a question, Anisul Huq said the parliament can remove a Supreme Court judge for incapacity and misbehaviour at this moment without the use of any law.

"In this respect, the parliament has to issue a show cause notice to the judge if any allegation is received against him or her. After getting an explanation from the judge, the parliament will hear arguments from the complainant and judge, and then it will take a decision about the accused judge," he added.

The law minister said the parliament will determine the procedure for removing a judge, upholding his or her natural justice.

He said the government will formulate a law fixing the specific rules for removal of judges so that there is no inconsistence between its rules and the procedure which might be determined by the parliament.

The parliament on September 17 last year passed the 16th constitutional amendment bill, empowering itself amid widespread criticism of the ability to impeach SC judges for "misbehaviour and incapacity".

President Abdul Hamid on September 22 last year gave his assent to the bill. With the president signing the bill, the chief justice-led Supreme Judicial Council system that was in place for 35 years to impeach SC judges ceased to exist.