Dhaka: Bangladesh ‘s Supreme Court has reinstated the Supreme Judicial Council, granting it the authority to investigate allegations of judicial misconduct. The court also upheld its earlier ruling that deemed the 16th constitutional amendment, which shifted the power to remove judges to parliament, as “illegal.”
“The order was passed by a six-member bench of the Supreme Court’s apex Appellate Division led by Chief Justice Syed Refaat Ahmed,” Supreme Court lawyer Ruhul Kuddus told reporters after the apex court announced its judgement.
Kuddus, who was present in the hearing, said the ruling reinforced the original constitutional provisions.
Bangladesh Supreme Court Reverses Parliament’s Power To Remove Judges
The recent verdict effectively nullified the 16th constitutional amendment, which had been enacted during the tenure of deposed Prime Minister Sheikh Hasina . This amendment shifted the responsibility of impeaching judges from the Supreme Judicial Council, comprised of apex court judges, to Parliament.
Passed in January 2014, the 16th Amendment stripped the Supreme Judicial Council of its authority to remove judges for incompetence or misconduct. However, in May 2016, a three-member High Court bench ruled the amendment unconstitutional, prompting the state to challenge this decision in January 2017.
In July 2017, a seven-judge Appellate Division bench, led by then Chief Justice Surendra Kumar Sinha, upheld the High Court’s ruling, declaring the 16th Amendment “illegal.” In response, the Hasina government filed a petition for a Supreme Court review, which culminated in the recent ruling.
This 2017 decision placed Sinha in direct opposition to the government, ultimately leading to his forced resignation while he was abroad; he has since remained outside Bangladesh .
A student-led mass uprising brought an end to Hasina’s nearly 15-year rule, compelling her to leave the country on August 5. Four days later, Nobel Laureate Professor Muhammad Yunus was appointed Chief Adviser of an interim government. Since taking office, the new administration has arrested several ministers and leaders from Hasina’s ousted Awami League government.
(With inputs from PTI)
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