Bangladesh SC Scraps 16th Amendment To Constitution

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Dhaka: The Bangladesh High Court has scrapped the 16th amendment to Constitution, which empowered the Parliament to impeach the Supreme Court judges for incapacity or misconduct.

A three-member special bench headed by Justice Moyeenul Islam Chowdhury by majority view declared the amendment illegal and unconstitutional following a writ petition that challenged the legality of the 16th amendment, reports Daily Star.

After the ruling, Attorney General Mahbubey Alam said the government will file an appeal against it. The government will not have to take the High Court’s permission for appealing against today’s verdict.

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The High Court has given the government a certificate that is needed for appeal. The House led by the Awami League had on September 17, 2014, unanimously passed the 16th amendment and regained the power available in the 1972 Constitution to impeach judges.

Earlier, the apex court judges were removed by the President following the recommendation by the Supreme Judicial Council, a body formed by the Chief Justice and two senior most Appellate Division judges.

The three-member High Court bench began hearing the rule on May 21 last year and heard expert opinions from five amici curiae (friends of court), including eminent jurist Dr. Kamal Hossain. (