The government has filed an application with the Appellate Division seeking stay on the High Court verdict that scrapped the 16th amendment to the constitution.
Attorney general Mahbubey Alam said the application has already filed and the chamber judge is likely to hear it on Monday.
A High Court bench of Justice Moyeenul Islam Chowdhury, Justice Quazi Reza-Ul Hoque and Justice Md Ashraful Kamal on Thursday scraped the 16th amendment to the constitution terming it illegal.
The court observed the investing parliament with the authority to remove Supreme Court judges was an ‘accident’.
A bench passed the order on majority opinion after hearing a writ petition filed challenging the legality of the much-talked-about 16th constitution amendment establishing Parliament’s power to remove the Supreme Court judges.
The judgement triggered uproar in parliament on the same day and law minister Anisul Huq found the order ‘illegal.’
On September 17, 2014, the Jatiya Sangsad passed the ‘Constitution (16th Amendment) Bill, 2014’ without any opposition, empowering Parliament to remove the Supreme Court judges for their incapacity and misconduct.
Nine Supreme Court lawyers filed the writ petition with the High Court on November 5, 2014, praying to consider the 16th Constitution amendment as illegal and unconstitutional.
Source: New Age
