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HC declares 16th amendment illegal

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Published: 08:56, 5 May 2016   Update: 15:18, 26 July 2020
HC declares 16th amendment illegal

Staff Correspondent: The High Court (HC) has declared the 16th Constitution amendment, establishing Parliament`s power to remove the Supreme Court judges, as illegal.

 

An HC bench comprising Justice Moyeenul Islam Chowdhury, Justice Quazi Reza-Ul Hoque and Justice Md Ashraful Kamal passed the order on Thursday noon.

 

On September 17, 2014 the 16th Amendment was passed, which allows Parliament to remove judges by a two-third majority on ground of incapacity and misconduct.

 

On November 5, 2014 a Supreme Court lawyer filed a petition challenging the legal basis of the amendment.

 

Upon primary hearings, the High Court issued a rule on the government asking to explain the legal basis for which the amendment shall not be declared unconstitutional.

 

Hearings on the rule commenced on May 21, 2015. Five senior lawyers –Kamal Hossain, M Amirul Islam, Mahmudul Islam, Rokanuddin Mahmud and Ajmalul Hossain– gave their opinions on the matter as amici curiae, friends of court.

 

risingbd/Dhaka/May 05, 2016/Mahidi/A K Azad

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