President Mohammed Shahabuddin has directed an investigation against several judges of the Supreme Court.
According to a news update published on the apex court’s website this evening, the president’s directive to this end was sent to the Supreme Judicial Council, which will begin the investigation next week.
The president issued the directive in accordance with Article 96 of the Constitution. However, the exact number of judges to be investigated has not yet been disclosed.
Earlier, the council completed its investigation into allegations of violation of the code of conduct against twelve High Court justices and sent a report to the president.
The Supreme Court administration disclosed this information on its website on 15 December. As per the regulations, the president then reviewed the council’s recommendations.
In this connection, the administration today said, “In accordance with Article 96(5)(b) of the constitution, the president has directed the Supreme Judicial Council to investigate several judges of the Supreme Court.”
On 4 December, the Supreme Court said a preliminary investigation was underway regarding the conduct of several judges through the Supreme Judicial Council.
Significant progress has also been made in this regard, said sources within the Supreme Court administration.
Initially, under the 1972 Constitution, the power to remove judges of the higher courts was vested in parliament.
However, on 24 January 1975, this power was transferred to the president through the Fourth Amendment to the Constitution.
Later, during Ziaur Rahman’s regime, the Fifth Amendment granted this authority to the Supreme Judicial Council.
On 17 September 2014, the 16th Amendment revoked this and returned the power of judge removal to parliament. After the bill was passed, it was gazetted on 22 September of the same year.
Challenging the validity of this amendment, nine Supreme Court lawyers filed a writ petition in the High Court on 5 November 2014.
After hearings, the High Court’s special bench invalidated the 16th Amendment on 5 May 2016, by a majority vote.
Following the release of the full verdict, the state appealed on 4 January 2017. After a hearing on 3 July 2017, an Appellate Division bench comprising seven judges, led by then-chief justice Surendra Kumar Sinha, upheld the High Court’s verdict unanimously.
The full 799-page verdict was published on 1 August 2017. Later on 24 December 2017, the state filed a petition for a review of the judgment in the Appellate Division.
On 20 October 2024, the Appellate Division resolved the review petition with observations. Subsequently, the Supreme Judicial Council was reinstated.
At that time, at least 15 judges were removed from their judicial duties. Of these, three judges have already resigned, and one retired.
If any judge faces allegations, the council conducts a review and sends the complaint to the president.
The judicial council is formed with the chief justice and the two senior-most judges.
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