Special Correspondent
Defying all the opposition from the political parties , legal profession and intellectual circle, the Sheikh Hasina government with her brute majority in the parliament finally passed the much-talked-about ‘Constitution (16th Amendment) Bill, 2014’ paving the way for establishing supreme authorities over the Supreme Court judges.
Law, Justice and Parliamentary Affairs Minister Anisul Huq moved the bill in the House seeking to re-empower Parliament to remove the SC judges on the grounds of proved misbehaviour or incapacity.
The bill was passed in the Parliament by 327-0 vote as the Speaker put it in the division vote.
The bill was placed in the Parliament on September 7 and sent to the respective Parliamentary Standing Committee for further scrutiny.
Chairman of the Parliamentary Standing Committee on Law, Justice and Parliamentary Affairs Ministry Suranjit Sengupta placed the report in Parliament after holding two meetings on September 9 and 10, deleting its preamble and inserting a change in article 96 (3).
In clause 3 of the article 96, the report says, “Parliament may by law regulate the procedure in relation to a resolution under clause 2 and for investigation and proof of the misbehaviour or incapacity of a Judge.”
The clause 2 of the article says, “A judge shall not be removed from his office except by an order of the President passed in pursuant to a resolution of Parliament supported by a majority of not less than two-thirds of the total number of members of Parliament, on the ground of proved misbehaviour or incapacity.”
When the Law Minister placed the bill in the House on September 7, the clause 3 of the article 96 stated that Parliament shall by law regulate the procedure in relation to a resolution under clause 2 and for investigation and proof of the misbehaviour or incapacity of a Judge.
This was stated in the Constitution of the 1972.
After the change of the government in 1975, the supremacy of the Parliament was taken to the hand of the President. Later, during the regime of military ruler Ziaur Rahman in 1978, the power was handed over to the Supreme Judicial Council.
All amendments to be revoked
Terming the 16th constitutional amendment bill anti-people one, BNP senior leader MK Anwar on Tuesday said all the amendments brought by the current illegal regime will be revoked if BNP returns to power.
“The current fascist regime which assumed office without people’s mandate is whimsically dissecting the constitution. They’re bringing the 16th amendment to destroy the judiciary,” he said.
The BNP leader further said, “We want to clearly say the anti-people constitutional amendment made by the current regime will be thrown away like scraps when a people’s government will be established.”
MK Anwar, also a BNP standing committee member, came up with the remarks while addressing a discussion titled ‘Press freedom and 500 days of shutting down of Diganta Television’ at Dhaka Reporters Unity (DRU).
Criticising the government for empowering parliament to sack judges through the 16th amendment, the former BNP minister said the amendment will create a scandalous history in the judiciary.
Accusing the government of destroying the state’s all basic organs, he alleged that the government framed the national broadcast policy to control the media.
Criticising the government for not sacking the five officials who took freedom fighter certificate through forgery, Anwar said the government could not take any action against them as they had been instrumental to carry out many misdeeds in favour of the government.
The BNP leader urged his party followers to get ready for taking to the streets as BNP chairperson Khaleda Zia work out a plan for final movement to oust the Awami League-led government.
Source: Weekly Holiday