The draft bill of the Removal of Supreme Court Justices Act will be finalised within three months following consultations with stakeholders including senior jurists, legal experts and legislators, Law Minister Anisul Haq said.
The minister yesterday told the Dhaka Tribune: “We have already taken steps to prepare the draft of the justices removal act after passing the Constitution (16th Amendment) Bill in parliament. It will take about three months.”
Parliament on Wednesday passed the constitution amendment bill reinstating article 96(2) and section 96(3) of the 1972 constitution which empowers the legislature to remove Supreme Court judges for “misbehaviour and incapacity.”
Ministry sources said parliament lost the power to impeach judges when the fourth amendment to the constitution was passed in 1975. Three years later, a Supreme Judicial Council headed by the chief justice was established by military ruler Ziaur Rahman with the power to remove apex court judges for “misbehaviour and incapacity.”
The new law will abolish the council and give parliament the power to investigate the alleged misbehaviour and incapacity of Supreme Court judges and to recommend their removal.
Probe reports into judges in question would come before parliament, which would then recommend their removal to the president after successfully adopting a resolution by a two-thirds majority. The judges will have the chance to defend themselves.
The law minister said making the judiciary accountable to the legislature would in no way interfere with the independence of the judiciary.
“The Removal of Supreme Court Judges Act will incorporate the provisions required to remove judges. The draft will take into account consultations with senior jurists, legal experts and legislators and will take three months to complete. It will then be sent to cabinet for approval,” he added.