As if it's judges’ Republic, says ex-CJ Khairul Haque

Former chief justice ABM Khairul Haque on Wednesday observed that the 16th amendment verdict has effectively removed the judges’ accountability to the people.

Following the Supreme Court verdict that stripped off parliament's power to remove judges, he said, it 'seems to me that Bangladesh is no longer a People’s Republic’; rather it becomes a ‘Judges’ Republic of Bangladesh’.

Khairul Haque, the Law Commission chairman, who was instrumental in repealing the caretaker government system, gave his reaction to the 3 July Appellate Division judgement on 16th amendment, at a press conference at the Law Commission secretariat.

“We’ve long been knowing that this is the People’s Republic of Bangladesh. But following this [16th amendment] verdict, it seems that we are no longer in the People’s Republic of Bangladesh,” said Khairul Haque.

"We’re, rather, in the Judges Republic of Bangladesh as the accountability towards people which was enshrined in the constitution has been removed by the Supreme Court by its legal discretion."

He maintained that the people are the owners of this republic as per Article 7 of the constitution and are sovereign. "And parliament represents sovereign people,” Khairul added.

“As all are accountable to parliament and through parliament... [it is] the People’s Republic of Bangladesh. There was no reason to become the things different in case of judges,” he said referring to the 'original Article 96'. But, he pointed out, "that article was declared illegal [in the 16th amendment verdict]."

The Law Commission chairman went to say, “Then the question is: Where does the accountability [of judges] lie? The accountability no longer remains to the people.”

About the Supreme Judicial Council, as upheld in the verdict, the former chief justice said they (judges) are arguing that the Supreme Judicial Council has secured the judiciary’s independence.

“But," Khairul Haque argued, "The question is: What will happen if someone files a PIL (public interest litigation) tomorrow seeking scrapping of it?”

The AL-led 10th parliament on 17 September 2014 unanimously passed the Constitution (Sixteenth Amendment) Bill restoring its power to remove Supreme Court judges on the grounds of misconduct or incapacity, scrapping the existing constitutional provisions for the Supreme Judicial Council inquiry into such allegations.

But, the Appellate Division of the Supreme Court on 3 July this year scrapped the 16th amendment and restored the Supreme Judicial Council, to utter dismay of the ruling AL.

“They [SC judges] fear that if the power is bestowed upon the people’s representatives then there is an apprehension of misuse. But this is only an apprehension,” said Khairul.

“By far, none could show that there has been a misapplication of it,” the former head judge of Bangladesh said.