Law contrary to constitution to be scrapped: CJ

Chief Justice Surendra Kumar Sinha today said the Supreme Court will not backtrack from scrapping any law or ruling if they are against the constitution.

The constitution, framed by Bangabandhu Sheikh Mujibur Rahman, has given authority to the SC to make judicial review of any law and under the constitution the SC has scrapped 5th, 7th, 8th, and 13th amendments to the constitution as they were contrary to the charter.

The chief justice made the comments while addressing as the chief guest at a function organised by the Department of Law Management at the Jagannath University’s auditorium in Dhaka.

The parliament’s two-third members can amend the constitution and if it is contrary to the constitution, the SC can declare it illegal and void.

The chief justice also said he has to talk as the SC does not have full control over judiciary although the judiciaries of Pakistan, Nepal, Bhutan and India are under the control of the SC, he added.

On April 26, 2017, Law Minister Anisul Huq said that in no country do the chief justices speak so much in public or express so much anger unless it involves judicial activities.

“I want to say that definitely he [the CJ] speaks when it is necessary and I don't deny it. But if he has any sorrow and grievances, he may inform us without speaking it in public and we may try to solve them,” Anisul Huq said.

“With due respect to the chief justice, I will say that you [journalists] have seen many developing and developed countries. You have also seen the neighbouring countries. In no country do the honourable chief justices speak so much in public or express so much anger unless it involves judicial activities,” Anisul added.

Source: thedailystar