Govt seeks SC review of its verdict on 16th Amendment

Govt seeks SC review of its verdict on 16th Amendment


Dhaka – A review petition against the Supreme Court verdict pronounced on the 16th amendment of the Constitution has been submitted to the respective section of the court. On behalf of the state the 908-page review appeal was submitted on Sunday morning.
Earlier on July 3, seven members Appellate Division, led by then Chief Justice Surendra Kumar Sinha declared the 16th Amendment to the constitution illegal.
On May 8, the Appellate Division began hearing on an appeal against the High Court verdict that scrapped the 16th amendment of the constitution.
The court on February 8 requested 12 senior jurists to place before it their expert opinions on the appeal as amicus curiae.
The parliament approved the 16th amendment on September 17, 2014. On May 5 last year, a bench of High Court division declared the 16th amendment illegal. On behalf of the state, on January 4, the appeal was filed with the Appellate Division challenging the High Court decision.
It may be remembered that the 16th amendment to the Constitution restored parliament’s power to impeach higher court judges. The full verdict of the Appellate Division was finally released on August 1.
In the 799-page text, the then Chief Justice Sinha focused on politics, military rule, the Election Commission, corruption, governance and the independence of the judiciary. Meanwhile, Law Minister Anisul Huq spoke on the decision of the apex court on some occasions. – Special Correspondent

BSS adds: “The petition has been filed . . . The court will fix the date for the hearing on the petition,” Attorney General Mahbubey Alam told reporters following submission of the 908-page review petition by his office.He said a panel of lawyers had prepared the petition after working persistently on it in the past two months.

“We sought cancellation of the verdict of the SC that empowered the parliament to remove its judges for incapacity and misconduct,” the attorney general said, adding that the petition contains 94 grounds in favour of the review.

The SC on July 3 last upheld the HC verdict that declared illegal the 16th Amendment to the Constitution, establishing parliament’s authority to remove SC judges.

The apex court on August 1 released the full verdict while the government subsequently planned to seek the review.

An 11-member committee of legal experts, headed by the attorney general, was earlier formed to prepare the draft petition seeking review of the SC verdict.


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