The High Court is set to deliver its verdict on May 5 in a writ petition filed challenging the legality of the 16th amendment to the constitution for restoring parliament’s authority to impeach the Supreme Court judges for misconduct and incapability.
A special bench of Justice Moyeenul Islam Chowdhury, Justice Quazi Reza-Ul Hoque and Justice Md Ashraful Kamal fixed the date on Thursday after completing hearing in a rule issued by the court earlier.
Attorney General Mahbubey Alam represented the state while Manzill Murshid stood for the petitioners.
On September 17, 2014 the parliament passed the amendment bill rejecting all calls for imploring public opinion. President Md Abdul Hamid gave his consent to the amendment bill on September 22 that year.
According to the amendment, not only the judges, parliament can also remove the chief election commissioner and commissioners of the Election Commission, the chairman and the members of the Public Service Commission, chairmen and the commissioners of the Anti-Corruption Commission, and the Comptroller and Auditor General on similar grounds.
The articles establishing the EC, PSC, ACC and the office of the Comptroller and Auditor General stipulate that the holders of constitutional posts would be removed according to the procedures applicable for the removal of the Supreme Court judges.
The original constitution of 1972 contained the provision for impeachment of the judges by a two-third majority in parliament.
The petition was filed by nine lawyers including Asaduzzaman Siddique on November 5, 2014.
The High Court earlier issued a rule on the government asking why the amendment would not be declared illegal following a primary hearing into the petition.
Five senior lawyers Dr Kamal Hossain, M Amir-ul Islam, Mahmudul Islam, Rokanuddin Mahmud, and Ajmalul Hossain were made amicus curie in the case. Of them, Mahmudul Islam could not give his opinion for illness.
In his statement on August 19 last year, Dr Kamal said that the amendment had curbed the independence of the judiciary. The main structure of the judiciary was smitten through empowering parliament to remove the Supreme Court judges.
He said that the completion of tenure by any judge is an important thing for the independence of the judiciary. “It must be ensured that a judge can deliver justice without any hindrance throughout his/her tenure. But, the parliament can remove a judge with a two-thirds majority following the amendment. As a result, the judges cannot perform their duties without fear.”
He also said that there was a possibility of using political and party influence while removing a judge.
