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Removal of SC Judges

Sangsad to amend constitution today

JP, WP lawmakers for forming council to probe allegations

Staff Correspondent
Some lawmakers of Jatiya Party and Workers Party have sought changes to the 16th constitutional amendment bill that aims to restore parliament's authority to remove a Supreme Court judge on grounds of misbehaviour or incapacity.
The Jatiya Sangshad will pass the bill today, Ashraful Maqbul, senior secretary at parliament secretariat, told reporters at his office yesterday.
A lawmaker's proposal said if allegations against an SC judge are proved to be true, the parliament will then pass a resolution supported by at least two-third of its members for removing the judge.
On passage of the resolution, the president will issue an order removing the judge from her/his office.
Kazi Firoz Rashid of the JP and Fazle Hossain Badsha of Workers Party are among others who submitted amendment proposals seeking to form a judicial council to investigate allegations against SC judges, sources at parliament secretariat said.
The bill, however, stipulates that a separate law will be enacted to outline the procedure for investigation into alleged misconduct or incapacity of SC judges.
Some other legislators proposed enacting another law specifying requirements for the post of an SC judge.
The government placed the 16th constitutional amendment bill in the House on September 7. The parliamentary standing committee on the law ministry has recommended major changes to the bill.
In its report placed in parliament, the committee recommended replacing the preamble of the bill with a brief one.
With the passage of the bill, the existing constitutional provision for removal of a SC judge by the chief justice-led Supreme Judicial Council (SJC) will be abolished.
The constitution of 1972 had empowered parliament with the authority to remove a SC judge. But the fourth amendment to the constitution in January 1975 abolished the Jatiya Sangsad's power and empowered the president with the
authority.
Then military ruler Gen Ziaur Rahman had introduced the SJC by amending the constitution through a martial law order which was ratified by the fifth amendment to the constitution in 1979.
The High Court in 2005 had declared the fifth amendment illegal and void. The Appellate Division of the Supreme Court in 2010 upheld the HC verdict, but condoned the introduction of the SJC until December 2012.
The AL-led government however introduced afresh the SJC through the 15th amendment to the charter in 2011.
The government's move to empower parliament to remove SC judges has drawn huge criticism from different quarters. Many jurists and opposition political parties feared that the latest amendment to the constitution will appear as a threat to an "independent" judiciary.
I n efforts to get the bill passed unanimously in parliament, Prime Minister Sheikh Hasina has already met lawmakers of Workers Party, Jatiya Samajtantrik Dal, and Bangladesh Tarikat Federation seeking their support in this regard.
The main opposition Jatiya Party has already announced that it will support the bill.
The ruling Awai League however commands more than three-fourth majority in the House which is more than enough to pass the bill.