Supreme Judicial Council reinstated for removal of SC judges

The Appellate Division of the Supreme Court today (20 October) reinstated the Supreme Judicial Council by dismissing the state's petition against the ruling that declared the 16th amendment of the constitution illegal. 

This amendment had previously allowed Parliament the power to remove Supreme Court judges. The decision restores the authority of the Supreme Judicial Council to oversee such matters.

This verdict means that the Supreme Judicial Council can now investigate and address any allegations of incompetence or professional misconduct against a judge.

The Appellate Division, led by Chief Justice Syed Refaat Ahmed, dismissed the state's petition to review the ruling that declared the 16th amendment illegal and unconstitutional. 

As part of the verdict, clauses 2 to 8 of Article 96 of the constitution, which were repealed by the 16th amendment, were also restored.

"The verdict has reinstated the Supreme Judicial Council's authority to remove judges, which had been transferred to Parliament through the 16th amendment. This ruling reinforces the original constitutional provisions," said senior lawyer Barrister Ruhul Quddus Kajal, who was present during the hearing.

With this decision, the Supreme Court's previous ruling, which declared the 16th amendment unconstitutional, remains intact, ensuring that the power to remove judges returns to the Supreme Judicial Council.

The 16th Amendment was passed in January 2014, shortly after the 10th National Assembly elections, and it removed the Supreme Judicial Council's role in the removal of judges.

In May 2016, a High Court bench comprising Justices Moinul Islam Chowdhury, Kazi Reza-ul Haque, and Ashraf Uddin Kamal declared the 16th Amendment unconstitutional in a majority decision.

After receiving the full copy of the judgment, the state filed an appeal to the Appellate Division in January 2017.

In July 2017, a seven-judge Appellate Division bench led by then Chief Justice Surendra Kumar Sinha upheld the High Court's ruling. The full judgment was published in August 2017.

The appellate division led by chief justice Surendra Kumar Sinha observed in its full text of verdict, "I am of the opinion that the said procedure should not be disturbed. The removal process of a judge of the higher judiciary as laid down in the impugned 16th amendment will render insecurity in the mind of the judges thereby creating opportunity to undermine the independence of judiciary making this organ vulnerable and jeopardising the rule of law which will create opportunity for creating political influence and pressure upon them specially when Article 70 of the Constitution is subsisting. 

"So long Article 70 is there the independent wish of a member of the parliament in respect of casting vote freely does not exist."

Later, in December 2017, the government filed a review petition with the Appellate Division, seeking the reinstatement of the 16th Amendment.