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Impeachment of Judges

JS wants to get the power back

Law ministry drafts proposal
Staff Correspondent
The constitutional provision for the Supreme Judicial Council meant to impeach Supreme Court judges has undermined the power of the Jatiya Sangsad and people, the law ministry has said.
In a draft proposal for restoring parliament's authority to impeach judges, the ministry also slammed the martial law regime of Gen Ziaur Rahman for introduc-
tion of the provision in 1978.
After the bloody changeover of August 15, 1975, martial law was declared and Zia through a martial law proclamation amended the constitution to introduce the judicial council.
In 1979, the constitution’s fifth amendment, passed in parliament under Zia's regime, ratified and validated all constitutional changes, including the introduction of the judicial council.
The Supreme Court later declared the fifth amendment illegal but condoned the provision for the Supreme ludicial Council.
Since then, the provision had been regarded as a product of martial law until the democratic government led by the Awami League introduced it afresh through the fifteenth amendment.
"If martial law undermined parliament's power by introducing the supreme judicial commission, the latest amendment has done the same," jurist Shahdeen Malik told The Daily Star yesterday.
Contacted, Law Minister Anisul Huq said parliament's jurisdiction to impeach judges was not restored in the 15th amendment to the constitution.
"That's why we are now examining whether the existing Supreme Judicial Council is enough to ensure parliament's pre-eminence over all organs of the state, "he said.
"The government intends to amend the constitution but it's not certain. ”
Admitting that the law ministry has drafted a report for amending the constitution empowering parliament to impeach judges, the minister added, “We are also examining whether the Supreme Judicial Council is enough regarding impeachment of judges."
Citing the examples of India, Canada, Australia, the UK and South \frica where parliamentary democracy is in vogue, the law minister said parliament in those countries enjoy pre-eminence over all organs of the state and has the jurisdiction to impeach judges on certain grounds.
“We are also exploring whether our parliament should have the same jurisdiction," he told The Daily Star yesterday.
Suranjit Sengupta, chief of the parliamentary standing committee on the law ministry, also defended the law ministry's move to authorise parliament to impeach judges.
“Parliament's authority should have been restored through the constitution's 15th amendment. But now the move has been taken. We feel the provision of the original constitution should be restored to uphold the preeminence of parliament," said Suranjit at a press briefing.
"We welcome the move."
Shahdeen Malik, however, sees it differently. He believes the government means to control the judiciary. "It's not necessary now to bring about any change in the system regarding the impeachment of judges," he said.
The original constitutional of 1972 bad empowered parliament to remove a judge of the Supreme Court on grounds of misconduct by passing a resolution with a two-thirds majority.
But the fourth amendment passed by the Awami League-led government bad scrapped parliament's authority through the constitution's fourth amendment in January 1975. The amendment had also empowered the president to remove a SC judge.
IS BODYTO VISIT JUDGE
Ihe parliamentary standing committee on law will visit a judge working in Mymensingh on August 9 to know of bis outstanding and impressive success in disposing of more than 50,000 cases in three months.
“What judge Nurul Huda has done is tremendously encouraging and positive for other judges across the country. He has set an example for others," Suranjit Sen Gupta told reporters at a briefing after a meeting of the standing committee at the Jatiya Sangsad.
"We want to focus his example across the country so that others are encouraged to dispose of cases quickly as we all know justice delayed means justice denied," he said.
He added that the Jatiya Sangsad committee would suggest that the ministry present Huda as a role model for other judges, thereby encouraging them to dispose of over 3 million cases backlogged in courts across the country.