The Supreme Court on Sunday will hold the hearing on the review petition against the Appellate Division's verdict that declared the 16th amendment to the constitution—transferring the power the parliament to remove judges—as illegal and void.
The hearing will be conducted by a six-member Appellate Division bench led by Chief Justice Dr Syed Refaat Ahmed.
On August 15, the Appellate Division announced it would reconsider the verdict that scrapped the 16th amendment. The hearing on the state’s review petition was scheduled for the last week of October.
Petitioner lawyer Manzill Murshid will represent the writ, while Attorney General Md Asaduzzaman will appear for the state.
In the original 1972 constitution, the power to remove judges was vested in the National Parliament. However, the 4th amendment in 1975 transferred this authority to the president.
Later, during Ziaur Rahman’s regime, the 5th amendment shifted this power to the Supreme Judicial Council (SJC).
On September 17, 2014, the 16th amendment abolished the chief justice-led SJC and restored Parliament’s authority to remove judges. However, on November 5, 2014, a group of Supreme Court lawyers challenged the amendment.
The High Court issued a rule on the amendment on November 9, 2014. After a hearing on May 5, 2016, the High Court declared the amendment illegal based on the majority opinion.
The government appealed against the High Court verdict in 2017.