BSS
  13 Jul 2023, 18:10

Review hearing in 16th Amendment case on Aug 10

 
DHAKA, July 13, 2023 (BSS) - The Appellate Division of the Supreme Court today set August 10 for holding hearing on a petition, pleading to review the apex court judgment that declared the 16th Amendment of the Constitution illegal.
 
Confirming the matter to newsmen, Attorney General AM Amin Uddin said apex court is scheduled to hear the matter on that day.
 
The Appellate Division in its judgment on July 3, 2017, upheld a High Court verdict that declared illegal the 16th amendment to the constitution, dismissing a state appeal against it.
 
On June 1, 2017, the apex court concluded hearing on the state appeal against the High Court verdict that had declared illegal the 16th amendment to the constitution, which had empowered parliament to remove judges for incapacity of misconduct.
 
Earlier on February 8, 2017, the Appellate Division of the Supreme Court appointed 12 senior jurists as amicus curiae to give their opinions during the hearing on state appeal.
 
The 12 amici curiae were - Dr Kamal Hossain, Justice (rtd) TH Khan, Barrister Amirul Islam, Barrister AF Hasan Arif, Barrister Ajmalul Hossain, Barrister Rafiqul Haque, Barrister Shafique Ahmed, Advocate Abdul Wadud Bhuiyan, Barrister Rokonuddin Mahmud, Barrister MI Farooqui, Advocate AJ Mohammad Ali and Barrister Fida M Kamal.
 
Of the twelve, ten amici curiae submitted their views; nine opposed the 16th amendment, while only one had opined in its support.
 
The High Court on August 11, 2016, released the full text of 165-page verdict that declared illegal and unconstitutional the 16th amendment to the constitution, which had allowed the parliament to remove Supreme Court judges on grounds of incapacity or misconduct.
 
A three-member High Court bench led by Justice Moyeenul Islam Chowdhury delivered the verdict by majority on May 5, 2016. The two other judges were Justice Quazi Reza-Ul Hoque and Justice Md Ashraful Kamal.
 
The state later filed an appeal against the High Court verdict.