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NTV Online
01 June, 2017, 14:03
Update: 01 June, 2017, 14:03
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Appeal hearing on 16th amendment ends, verdict any day

NTV Online
01 June, 2017, 14:03
Update: 01 June, 2017, 14:03

Dhaka: The Appellate Division of the Supreme Court on Thursday ended the hearing of an appeal filed against a High Court (HC) order that declared illegal the 16th amendment to the Constitution establishing Parliament’s authority to remove Supreme Court judges.

The apex court will now pronounce verdict on the appeal hearing any day.

An Appellate Division bench, headed by Chief Justice SK Sinha, passed the order after taking opinions from 12 senior jurists as amici curiae (friends of court) and from the state.

The SC, on May 8 last, began the hearing rejecting the time petition filed by Attorney General Mahbubey Alam.

Earlier on February 8, the SC appointed 12 senior jurists as amici curiae (friends of court) seeking their opinions over the legality of the 16th amendment.

They are TH Khan, Dr Kamal Hossain, Barrister Rafiqul Haque, Barrister M Amirul Islam, Barrister AF Hasan Arif, Barrister Shafique Ahmed, AJ Mohammad Ali, Barrister Rokonuddin, Fida M Kamal. Barrister Ajmalul Hossain, Abdul Wadud Bhuiyan and Barrister MI Farooqui.

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

Nine Supreme Court lawyers filed a writ petition with the High Court on November 5, 2014, questioning the validity of the amendment.

On May 5 last year, the HC declared the 16th Amendment to the Constitution illegal. The government on January 4 last filed an appeal challenging the HC decision.

The Constitution drafted in 1972 had given the MPs the power to impeach judges and decide their term in office. But after the Fourth Amendment in 1975, the power was vested with the President.

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