Full text of a part of 16th amendment verdict published
The High Court today released a part of its full verdict in a case regarding the 16th amendment of the constitution that allowed the parliament to remove a Supreme Court judge for his misbehaviour or incapacity.
Justice Md Ashraful Kamal, a junior judge of the three-member panel of a HC bench, declared the 16th amendment of the constitution legal and constitutional.
However, majority of the HC bench on May 5 declared that the amendment is illegal, unconstitutional and against the principles of the separation of state powers and the independence of the judiciary.
On August 11, two judges of the HC bench, Justice Moyeenul Islam Chowdhury and Justice Qazi Reza-Ul Haque, released their parts of the full verdict declaring the constitution's 16th amendment illegal and unconstitutional.
In his part of judgment, Judge Kamal said that the then president Ziaur Rahman who had taken over the state power illegally had amended the constitution incorporating a provision of the Supreme Judicial Council for removing a SC judge.
Zia had violated the army rules, amending the constitution which is illegal and unconstitutional, he said in his judgment.
HC Justice Kamal added that the 16th amendment of the constitution empowering the parliament to remove a judge for his misconduct and incapacity has made the constitution free from the black spot and reestablished the real independence of the judiciary.
He in his verdict proposed to increase retirement age of the SC judges to 75 years from existing 67 years so that the apex court has its experienced judges.
With the release of the full part of the HC verdict, the full judgment has been published and the government can now move an appeal before the Appellate Division of the SC challenging the verdict.
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