The Law Ministry has finished formulating the draft of the Removal of Supreme Court Justices Act within a month of amending the constitution to remove Supreme Court judges for misconduct and incapacity.
Law Minister Anisul Huq told the Dhaka Tribune last week the ministry assumed it might take at least three months to prepare the primary draft but it was done much earlier.
In compliance with a commitment made earlier, the ministry will consult with senior jurists, legal experts and legislators shortly. Suggestions made by experts will be incorporated in the draft before finalising it.
The parliament on September 17 passed the constitution amendment bill reinstating Article 96(2) and Section 96(3) of the existing constitution by which the legislature will be empowered to remove Supreme Court judges for misconduct and incapacity to make the judiciary accountable to the parliament.
This abolished the existing Supreme Judicial Council, which could remove apex court judges for misconduct and incapacity and was headed by the chief justice.
The Supreme Judicial Council was introduced by military ruler Ziaur Rahman in 1978.
According to the amendment of the constitution and proposed draft of the new law, the government will investigate alleged misconduct and incapacity of apex court judges.
The probe report will be submitted to the legislature, which will recommend the president for removal of the accused judges by adopting a resolution with a two-third majority.
However, the judges in question will get the chance to defend themselves.
In defence of the bill, the law minister said making the judiciary accountable to the legislature would in no way result in interference in the independence of the judiciary.
“It was necessary to enact a new law by incorporating all the provisions mandatory for removing judges.
The draft has been prepared and we are now examining the provisions.
We will soon consult with experts. After finalising the draft, it will be sent to cabinet seeking approval,” he said.
“Judges will not be impeached, they will be removed in accordance with the new act for any sort of misconduct or incapacity. Procedures of the removal were specified in the proposed law,” he added.
The minister, however, denied to disclose provisions mentioned in the proposed draft of the act.
