We seek cancellation of full verdict: AG

Staff Correspondent: Attorney General Mahbubey Alam said, "We have filed a review petition seeking cancellation of the full verdict delivered by the Supreme Court scraping the 16th constitutional amendment."

In the petition, the state also sought cancellation of the irrelevant, unnecessary and objectionable comments made in the 16th constitutional amendment judgment, he added.

He came up with the statement at his SC office after submitting the petition on Sunday.

Attorney General said, "We sought review of the petition which was dismissed by the Appellate Division on July 3."

On July 3 last, the Supreme Court upheld the High Court verdict that declared illegal the 16th Amendment to the Constitution establishing Parliament's authority to remove Supreme Court judges.

Later, on August 1, the apex court released the full text of its verdict upholding the High Court verdict that declared illegal the 16th Amendment to the Constitution establishing Parliament's authority to remove Supreme Court judges.

The copy of the 799-page full verdict was released after all members of the Appellate Division bench, headed by then Chief Justice Surendra Kumar Sinha, signed it, said the SC additional registrar Sabbir Foyez.

In his observation, the then Chief Justice said article 116 of the Constitution had been in conflict with article 109.

The Article 116, which was amended during the fourth amendment to the Constitution, empowered the President to control (including posting, promotion, leave and discipline) the persons employed in the judicial service in consultation with the Supreme Court, Sinha said.

On the other hand, according to article 109, the High Court Division shall have ‘superintendence’ and control over all courts and tribunals subordinate to it.

 “If the High Court Division has superintendence and control over the lower judiciary, how it shall control the officers performing judicial works if the executive controls the posting, promotion and discipline. The disciplinary action is not clear to me,” the Chief Justice added.


risingbd/Dhaka/December 24, 2017/Mehade/A K Azad