Re-empowering JS to remove SC judges okay

Eminent jurist Ajmalul Hossain yesterday told the High Court that the constitutional amendment re-empowering parliament to impeach Supreme Court judges was "objective".

Citing five separate decisions from the courts of Canada and Ireland, he said parliaments of most countries were empowered to remove judges for misconduct.

Tap here to add The Daily Star as a trusted source

Ajmalul gave his opinions as amicus curiae (friend of court) during HC's sixth day of hearing on a rule that questions the legality of the 16th constitutional amendment.

The amendment brought in September last year re-empowered the Jatiya Sangsad (JS) to impeach SC judges for incapacity or misconduct.

A three-member special HC bench headed by Justice Moyeenul Islam Chowdhury fixed August 3 for resuming the hearing.

Two other members of the bench are Justice Quazi Reza-Ul Hoque and Justice Md Ashraful Kamal.

Following a writ petition, the HC on November 10 last year asked the government to explain why the amendment should not be declared annulled and unconstitutional.

Nine SC lawyers including Asaduzzaman Siddique, Aklas Uddin Bhuiyan and Sarwar Ahad Chowdhury collectively submitted the petition, saying the provision of the amendment might curb judiciary's independence.

Deputy Attorney General Motaher Hossain Saju told The Daily Star that the government would submit a reply to the rule to the HC by August 13.

The petitioners' counsel, Manzill Murshid, has already argued in court opposing the amendment.

Before the amendment, SC judges were removed by the president following the recommendation by the Supreme Judicial Council, a boy formed by the chief justice and two senior most Appellate Division judges.

Ajmalul Hossain said such councils existed only in Pakistan and Bangladesh.