Observing that the independence of the judiciary is one of the seminal features of the constitution, eminent jurist Dr Kamal Hossain on Wednesday described the 16th amendment to the national charter as contrary to the framework. “The amendment has curbed the independence of the judiciary. The main structure of the judiciary has been smitten through empowering parliament to remove the Supreme Court judges,” he said. Dr Kamal, who was the chairman of the Constitution Drafting Committee of Bangladesh (1972), made the observations while making his deposition before a High Court bench as an amicus curiae during hearing on a writ petition filed challenging the legality of the much-talked-about 16th constitution amendment. Noting that the completion of tenure by any judge is an important thing for the independence of the judiciary, he said, “It must be ensured that a judge can deliver justice without any hindrance throughout his tenure. But, the parliament can remove a judge with a two-thirds majority following the amendment. As a result, judges can’t perform their duties without fear.” The constitution expert also said there remains a question as there is the possibility of using political and party influence while removing a judge. The bench of Justice Moyeenul Islam Chowdhury, Justice Dr Quazi Reza-Ul Hoque and Justice Md Ashraful Kamal is hearing the writ. Advocate Manzill Murshid stood for the petitioner while deputy attorney general M Motahar Hossain Saju represented the state. Nine Supreme Court lawyers filed the writ petition with the High Court after parliament on September 17 last year passed the ‘Constitution (16th Amendment) Bill, 2014’ without any opposition, empowering Parliament to remove the Supreme Court judges for their incapacity and misconduct. After primary hearing, the High Court on November 9 issued a rule on the authorities concerned to explain as to why the amendment should not be declared illegal. The court also stayed the effectiveness of the amendment. The High Court started hearing on the writ on May 21 this year. On the day, it also appointed five amici curie to hear their views on the matter. The constitution amendment bill was passed in Parliament by 327-0 votes as the Speaker put it in the division vote, according to UNB.
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