Draft law allows self-defence

A draft law has outlined the ways for removing Supreme Court judges for “incapacity” and “misbehaviour,” giving them scopes for self-defence in writing and through lawyers.

The law ministry has prepared the draft after the Jatiya Sangsad passed the 16th constitutional amendment bill in September 2014, empowering the House to get rid of SC judges for the two reasons.

Previously, the SC judges were removed by the president on recommendations of the Supreme Judicial Council, a body formed by the chief justice and two senior most Appellate Division judges.

The attorney general's office yesterday submitted the draft on behalf of the ministry to the High Court for consideration in connection with a writ petition that challenged the constitutional amendment.

The HC is set to deliver its verdict on the petition on May 5.

Deputy Attorney General Motaher Hossain Sazu, who submitted the draft to the HC, told The Daily Star that a copy of the draft was also sent to Chief Justice Surendra Kumar Sinha for the SC's opinion.

After getting the apex court's views, the law ministry will finalise the draft and then place it before the cabinet for approval. Subsequently, the draft will be placed before parliament for passage. 

According to the draft, if anyone wants to bring allegations of misconduct and incapacity against any judge, they must submit the complaint to the parliament Speaker in writing.

The Speaker will form a 10-member committee (of lawmakers) that will look into the allegation and verify its initial accuracy in seven days, maintaining its confidentiality.

If the committee believes there is substance in the complaint, it will submit a report to the Speaker.

The Speaker will then fix a date in the running or the next session of parliament for a discussion. If the Speaker thinks, the discussion will be held in secret.

To look into the complaint, the Speaker will form a three-member committee led by a former chief justice or a former judge of the Appellate Division of the SC as chairman. A former attorney general and an eminent citizen or a jurist will be the two other members.

The inquiry will be conducted in complete secrecy. The complaint will be sent to the judge in question through a messenger and registered postal service. The judges will get 10 working days to submit a written statement in his defence.

Where applicable, the Speaker can order for a reinvestigation with approval of the majority MPs.

Before considering the report of the investigation committee, the judge concerned will get an opportunity to submit a written or oral statement before the Jatiya Sangsad.

The resolution for the removal has to be approved by two-thirds majority in parliament, before being sent to the president for his consent.

However, if the accusation is found baseless and made with intent to harass, the accuser will face up to two years in jail or up to Tk 5 lakh in fine.