A High Court bench yesterday issued a rule asking the government to explain in two weeks why the 16th amendment to the constitution that had empowered parliament to remove Supreme Court judges for incapacity or misconduct, would not be declared illegal, void and against the constitution.
The HC bench, comprising Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal, issued the rule after primary hearing on a writ petition filed by nine apex court lawyers challenging the legality of the 16th amendment.
Advocate Manzill Murshid, counsel for the petitioners, told the Dhaka Tribune that secretaries of the president’s office, prime minister’s office, parliament and the cabinet secretary had been made respondents.
The HC bench fixed November 26 to pass further necessary orders regarding the writ petition.
The present 10th parliament passed the 16th amendment in September regaining its power to remove judges which was in the original constitution of 1972.
Manzill said he had submitted the grounds of challenging the 16th amendment. He said the 16th amendment came against the backdrop of cancellation of the Contempt of Court Act and amendment of the Anti-Corruption Commission Act by the HC.
He said the HC had directed the arrest of RAB officials for their suspected role in the Narayanganj seven murders in April.
Manzill said against the backdrop of these recent orders, the administration can intentionally attempt to curb the independence of the judiciary and the 16th amendment might have come from that point of view.
Asaduzzaman Siddiquee, Ekhalsuddin Bhuyian, Sarwar Ahad Chowdhury, Mahbubul Islam, Nurul Islam Babul, Shahin Ara Laily and Ripon Baroi are among the nine petitioners.
