Dhaka: The Appellate Division of the Supreme Court on Thursday fixed February 8 for hearing an appeal filed against a High Court order that declared illegal the 16^th amendment to the Constitution establishing Parliament’s power to remove the Supreme Court judges.

A four‐member bench of the Appellate Division led by Chief Justice SK passed the order following a petition filed by the state.

Advocate Manzil Morshed stood for the petitioner while Attorney General Mahbubey Alam represented the state.

Advocate Manzil Morshed said a regular bench of the Appellate Division is likely to hear the appeal on 8 February.

Earlier on 11 August, the High Court released the copies of the judgment of two Justices of a three‐member special bench which had earlier declared the 16^th amendment to the Constitution establishing Parliament’s power to remove the

Supreme Court judges illegal and contradictory to the national charter.

On 5 May, the three‐member special HC bench, headed by Justice Moyeenul Islam Chowdhury, passed the majority verdict following a writ petition.

Justice Moyeenul Islam and Justice Qazi Raza‐Ul Hoque gave their judgment in favour of declaring the 16^th amendment illegal.

On 10 March, last, the court said the amendment is contrary to the provisions enshrined in the Constitution for the freedom of the judiciary.

It said the provision to remove judges by parliament is an accident in the history although the law exists in several countries of the world.

In most of the Commonwealth countries, judges are not removed by parliaments. Noting that parliament members cannot go against the party decision as per the section 70 of the Constitution and they have to vote in favour of the party even if they do not approve of the matter, the court said judges will have to wait for MPs’ mercy if the 16^th amendment remains in force.

On 17 September, 2014, the Jatiya Sangsad passed the ‘Constitution (16^th Amendment) Bill, 2014’ without any opposition, empowering the Parliament to impeach judges of the Supreme Court due to their incapacity or misconduct.

Nine Supreme Court lawyers filed the writ petition with the High Court on 5 November, 2014, praying to consider the 16th Amendment as illegal and unconstitutional.

The petition also sought an order staying the operation of the 16th Amendment and also against enacting any law in a bid to remove the Supreme Court judges, as per this amendment, until disposal of the rule.

After primary hearing, the HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal issued a rule asking the government to explain why the amendment should not be declared illegal and contrary to the constitution.

The hearing on the rule began on 21 May last year.

Four eminent lawyers—Dr Kamal Hossain, Barrister M Amir‐Ul Islam, Barrister Rokon Uddin Mahmud and Barrister Ajmalul

Hossain QC made their depositions to the court as amici curiae.