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Dhaka Tribune

Anisul: New chief justice not needed for 16th amendment review petition hearing

Update : 26 Dec 2017, 08:13 PM
Appointment of a new chief justice is not necessary for the hearing of the State's review petition against the Supreme Court verdict that scrapped the 16th constitutional amendment, says Law Minister Anisul Huq. “As per the rules, the bench that heard the petition will also hold the review hearing. So, my experience says the review petition hearing will not be held back for a new chief justice,” he told reporters after a program at the Judicial Administration Training Institute on Tuesday. “I do not think a fresh appointment is necessary to hear this case. Five justices are capable of hearing the petition,” he added.
Also Read -- SCBA: 16th amendment review appeal indicates government wants to control judiciary
It has been nearly one and a half months since the post of chief justice fell vacant following Justice Surendra Kumar Sinha’s resignation. When asked, the law minster said he had no information regarding the appointment of a new chief justice. “The matter is under the president’s jurisdiction. I do not know yet when he will appoint anyone. Hopefully, it will happen soon.”
Also Read -- 16th amendment debate: Here is what you need to know
Responding to another question, Anisul said the law ministry had no role to play regarding Justice Sinha stepping down as his resignation was received and accepted by the president directly. He also brushed off allegations that the executive branch was trying to take control of the judiciary through the disciplinary rules. “The rules say that in case of any disagreement between the president and the Supreme Court, the latter’s opinion will get the priority. It has been made clear that the judiciary is independent.”
Also Read -- State seeks review of 16th amendment verdict on 94 grounds
He alleged that both Ziaur Rahman and Khaleda Zia had tried to control the law in their favour. “We on the other hand had introduced the disciplinary rules. It is also because of them that we had to announce that the judiciary is independent on November 1, 2007.” “We have reinstated the rule of law in the country and are working on to restore the judiciary’s prestige. That is why they are being spiteful,” Anisul said.The article was originally published in Bangla Tribune
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