CJ, AG locked in debate

The Appellate Division of the Supreme Court on Tuesday turned down a government plea seeking determent of appeal hearing on the 16th amendment to the constitution.

The apex court rejected the time prayer as it heard the appeal filed against a High Court (HC) order that declared illegal the 16th amendment to the Constitution establishing parliament's authority to remove SC judges.

A five-member SC bench, headed by chief justice SK Sinha, rejected the two weeks' time petition filed by attorney general Mahbubey Alam. It was the second day's hearing that was underway till filing of the report at about 11:10am.

UNB said a heated debate took place between chief justice SK Sinha and attorney general Mahbubey Alam after the SC started the hearing in the morning.

On Monday, the Appellate Division started the hearing on the appeal plea.

On 8 February, the SC appointed 12 senior jurists as amici curiae (friends of court) seeking their opinions over the legality of the 16th amendment.

On 17 September 2014, the Jatiya Sangsad passed the 'Constitution (16th Amendment) Bill, 2014' by 327-0 votes as the Speaker put it in the division vote, empowering parliament to impeach the SC judges for their 'incapacity' or 'misconduct'.

Nine SC lawyers filed a writ petition with the High Court on 5 November 2014, questioning the validity of the amendment.

On 5 May last year, the HC declared the 16th Amendment to the Constitution illegal. The government on 4 January last filed an appeal challenging the HC decision.

The Constitution, drafted in 1972, had given the MPs the power to impeach judges and decide their term in office. But after the fourth amendment in 1975, the power was vested with the president.

Source: UNB