Supreme Judicial Council reinstated to remove judges

Judges can be removed through the Supreme Judicial Council, following the complete reinstatement of Article 96 of the Constitution by the Appellate Division.

The apex court issued this order while settling a petition from the state party seeking a review of the Appellate Division's earlier judgment, which had declared the 16th Amendment to the Constitution invalid.

On Sunday, the full bench of the six-member Appellate Division, headed by Chief Justice Syed Refaat Ahmed, delivered this decision.

Lawyers noted that, following this verdict, any objections regarding incompetence or professional misconduct against a judge can be investigated, with appropriate actions taken through the Supreme Judicial Council.

Attorney General Asaduzzaman represented the state in court, while counsel for the writ petitioners, Manzil Morshed, also participated in the hearing. Senior lawyer Ruhul Quddus attended the hearing with the court's permission.

After the ruling, lawyer Ruhul Quddus informed reporters that from Section 2 to 8 of Article 96 of the Constitution were repealed by the 16th Amendment but have now been reinstated by the Appellate Division.

BNP legal affairs secretary Kayser Kamal described the verdict as historic.

In 2014, the then Awami League government introduced the 16th Amendment Bill to restore the power to remove judges to the National Parliament. The bill was passed by Parliament on 17 September of that year.

Subsequently, nine lawyers filed a writ in the High Court questioning the validity of the amendment.

On 5 May, 2016, a three-judge special bench of the High Court declared the Sixteenth Amendment invalid based on the majority opinion.

In January 2017, the state filed an appeal against this ruling. On 3 July of the same year, a seven-member full bench of the Appellate Division, headed by then Chief Justice Surendra Kumar Sinha, unanimously dismissed the appeal, thereby upholding the High Court's judgment and nullifying the 16th Amendment.

The full judgment of the Appellate Division was published on 1 August, 2017.

In his ruling, Justice Sinha addressed various issues, including democracy, politics, military rule, the election commission, good governance, corruption, and the independence of the judiciary.

Following the judgment, ministers of the Awami League government, party leaders, and supportive lawyers expressed their anger and dissatisfaction with several of Justice Sinha's observations, even demanding his resignation.

At one point, Justice Sinha took leave and went abroad, with speculation that he was pressured to take leave due to illness.

However, he stated to the media on 13 October, 2017, before leaving, that he was not ill but was embarrassed by the criticism from the ruling party. Eventually, he resigned while abroad and did not return to the country.

On 24 December, 2017, the state filed an application seeking reconsideration of the Appellate Division's judgment regarding the 16th Amendment.