Ever since the top court released the full text of its verdict scrapping the 16th Amendment, the ruling Awami league and its lawyers have been discussing how they can get a part of the verdict ‘expunged’.
They have been discussing two options – to seek a review of the verdict or wait for the court to willingly ‘expunge’ parts of the verdict.
Law Minister Anisul Huq is for the court expunging parts of the verdict, but writ petitioner Manzill Murshid insists that it would not be possible without a review. However, former law minister Shafique Ahmed also said a ‘suo moto’ rule to expunge parts of the verdict is an option.
The government amended the constitution in 2014 to empower the parliament to remove top court judges for misconduct or incapacity. Two years later, the High Court declared the constitutional change illegal.
Also Read- 16th Amendment scrapped, parliament loses power to impeach SC judges
But the government challenged the verdict in the top court, which last month also upheld the High Court’s verdict.
Ever since the full verdict came out, parts of the observations in the verdict have created a huge controversy. At a media briefing, the law minister said: “the chief justice’s comments are unacceptable. We will take steps to expunge irrelevant remarks.”
“We are respectful of the court’s verdict although we have difference of opinion,” he said. “However, the reason for which the Appellate Division scrapped [the amendment] is not logical.”
The attorney general, on the other hand, has reportedly said that there will not be a review petition. “We are discussing what we can do now,” he said.
Also Read- Government unhappy with 16th Amendment verdict
Petitioner Murshid said: “The government has accepted the verdict. They have to go for a review if they want to expunge [parts of the verdict].”
After the law minister said the government had decided to take steps to seek removal of the chief justice’s “unacceptable” and “irrelevant” remarks, another question has emerged – was the government going to seek review of only the parts it felt ‘objectionable’ or would the review cover other issues of the 16th Amendment as well?
“We do not want to speak too much about it. I am clearly saying that we want removal. And we are still discussing the matter,” the law minister clarified.
Former law minister Shafique said a review has to be sought if the main objections are about observations of the verdict.
Also Read- Government looking for options to restore 16th Amendment
When asked if there are ways other than seeking a review, he said, “The court can expunge parts of the verdict through suo moto rule.”
Shafique met the Chief Justice, along with former Supreme Court Bar Association chief Yusuf Hossain Humayun and Awami League Presidium Member Abdul Matin Khasru. He replied in the negative when asked if they had discussed anything related to this matter.
Meanwhile, Attorney General Mahbubey Alam said they were yet to decide on seeking a review of the verdict. But he said they were reviewing some ‘unwelcome’ observations which they were planning to seek removal of.
Manzill Murshid insisted that the only way have the observations expunged was to seek a review.
Also Read- BNP: Scrapping 16th Amendment a victory for the people
“According to the rules, there are options to seek a review if there is any ‘remark’ in the verdict or for amending errors in the verdict, if there is any,” he said. “There are no other ways in the court’s system other than review.”
“The court will hear them and will take steps if it accepts the review. If it does not, then the court will deliver a verdict saying why the arguments by the review applicant were not accepted. We will also get a chance to have our say,” he explained.
Murshid said the government has apparently accepted the court’s decision stripping parliament of its power to remove top court judges, and is now emphasising on expunging it.
“People talking about this may be doing so for the sake of politics. It will be in the judiciary’s best interest if people do not politicise this since there is the option to talk about it in court. Anyone politicising the matter may have to face the music later,” he added.This article was first published on Bangla Tribune
Thursday, June 04, 2026
