Hearing on 16th Amendment continues
Judiciary a disciplined institution, so people have faith in it: CJ
STAFF REPORTER
Chief Justice Surendra Kumar Sinha said yesterday that the judiciary is much more disciplined than other institutions and thus more than 90 per cent people of the country have confidence in it.
The Chief Justice (CJ) made the comments during a hearing by the seven-member bench of the Appellate Division, headed by him. The bench was hearing an appeal on the 16th Amendment to the Constitution that empowers Parliament to remove Supreme Court judges for incapacity or misbehaviour.
During arguments, the petitioners lawyer, advocate Manzill Murshid, told the court that the power of Parliament to remove Supreme Court judges had previously been cancelled by the Fourth Amendment to the Constitution. Bangabandhu Sheikh Mujibur Rahman was opposed to Parliament members having this power. The Father of the Nation had not kept the power, he added.
Murshid said the Supreme Court has inherent powers to annul laws made with malafide intention. Parliament members cannot work independently because of Article 70 of the Constitution, which deals with floor-crossing.
If Parliament is empowered to remove Supreme Court judges for incapacity or misbehaviour, they would not be able to work independently. Hence, the 16th Amendment should be scrapped for the greater interest of the people as well as the judiciary, he added.
At one stage of the hearing, the attorney general, Mahbubey Alam, said a mass hearing should be held on peoples perception about court. The CJ replied that more than 90 per cent of the people have confidence in the judiciaryfrom the lower courts to the apex court.
I went to the Baskhali Chowki court, where a large number of people come to seek justice. But such a large number of people never go to the deputy commissioners office. The judiciary is 100 per cent better than other offices. You (AG) are keeping the Chief Justice paralysed..., the CJ said.
I am not totally happy., the AG said.
The Chief Justice wanted to appoint capable and skilled people as High Court judges. But no appointment has been made in the past one-and-a-half years.
Everyone, including you (AG), knew what the government wanted relating to appointment of High Court judges, the CJ said. The AG said the Supreme Court cannot interfere with the original Constitution framed in 1972 and the amendment was brought for the greater interest of the people.
The Supreme Court will explain the Constitution for the rights of the people as well as in terms of independence of the judiciary, the CJ noted.
Barrister M Amir Ul Islam told the court that there is no scope for any conflict between the Jatiya Sangsad and the judiciary. It is time to make the judiciary more strong so that it can ensure peoples rights.
At this point, the CJ said law commissions are very strong in developed countries and also India. No country has drastically changed its charter without consulting the law commission and holding a debate in Parliament. But the government has rapidly brought the 16th Amendment to the Constitution. It has also drafted the law relating to the matter quickly, though the Sixteenth Amendment is now sub-judice, he added. He also said the Bangladesh Law Commission is not consulted when new laws are formulated, which makes the commission just a show-piece. The Law Commission being left out is very disappointing, the CJ noted.
After the days hearing, the apex court adjourned hearing till today (Thursday).
On September 17, 2014, the Jatiya Sangsad passed the Constitution (16th Amendment) Bill, 2014 without any opposition, empowering Parliament to impeach judges of the Supreme Court for incapacity or misconduct. Nine Supreme Court lawyers filed a writ petition before the High Court on November 5, 2014, questioning the validity of the amendment.
On May 5 last year, the HC declared the Sixteenth Amendment illegal. On January 4 this year, the government filed an appeal challenging the HC decision.
