Amici curiae appointed over 16th constitutional amendment appeal hearing
February 8th, 2017 at 1:42 pm
Amici curiae appointed over 16th constitutional amendment appeal hearing

Dhaka – The Supreme Court has appointed 12 amici curiae or friends of the court for hearing on state’s appeal against the High Court verdict that scrapped a constitutional provision of impeaching judges for misconduct, said officials on Wednesday.

The apex court fixed March 7 for the next hearing over the state’s appeal and side by side it will take opinion from senior jurists.

The Supreme Court also asked both sides to submit their written arguments within the timeframe.

The eight- member full court headed by Chief Justice Surendra Kumar Sinha passed the order declaring names of the jurists.

Kamal Hossain, M Amir-Ul-Islam, AF Hasan Arif, Ajmalul Hossain QC, Rafiq-Ul Haque, Abdul Wadud Bhuiyan, Rokonuddin Mahmud, TH Khan, MI Faruqi, AJ Mohammad Ali and Fida M Kamal are named as amici curie by the court.

The government earlier filed an appeal against the High Court verdict that scrapped a constitutional provision of impeaching judges for misconduct.

The constitutional provision was scrapped by the High Court on May 5. The constitutional provision was adopted by parliament as 16thamendment to the Constitution empowering parliament to remove a judge of the Supreme Court for incapacity or misconduct to replace a provision of formation of a Supreme Judicial Council.

The amendment was passed in parliament on September 17, 2014.

In November the same year, nine Supreme Court lawyers filed a petition with the High Court challenging the legal basis of the amendment and secured a verdict in their favour in May last year.

Attorney General Mahbubey Alam said that a constitutional vacuum had created after the High court judgment that declared the amendment is illegal, unconstitutional and against the principles of the separation judiciary.

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