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Bangladesh activists hail Supreme Court judgment

Verdict curtails parliamentary powers and ensures 'an independent judiciary and greater welfare of people'
Bangladesh activists hail Supreme Court judgment

The Bangladesh Supreme Court on July 3 scrapped parliament's authority to impeach and remove judges, triggering uproar from government ministers and lawmakers. (ucanews.com photo)

Published: July 19, 2017 09:29 AM GMT
Updated: July 19, 2017 09:32 AM GMT

Bangladeshi activists have lauded a Supreme Court judgment to scrap parliament's power to remove judges and criticized lawmakers attacking the judiciary for its verdict.

The controversial 16th amendment, passed by parliament in 2014, sought to abolish the chief justice-led Supreme Judicial Council and restore parliament's authority to impeach and remove Supreme Court judges for misconduct and incapacity.

A seven-member Supreme Court bench unanimously July 3 ruled the 16th amendment to Bangladesh's constitution "illegal and unconstitutional." The verdict triggered outcry from ministers and lawmakers during a special unscheduled session of parliament July 9.

"If politicians and government authorities abuse power, the judiciary is their last resort to claim citizen rights," Father Albert Rozario, convener of the Justice and Peace Commission in Dhaka Archdiocese told ucanews.com.

"A true democracy is impossible without an independent judiciary and our constitution recognizes the Supreme Court as a principal component and guardian of the constitution," he said.

Following a writ petition, the High Court declared the amendment illegal in May last year and the government appealed the verdict in January this year.

Shahdin Malik, a Supreme Court lawyer said ministers and lawmakers are enraged as they "consider it a threat," but the verdict paves the way for a "balance of power."

"For a long time, executive autocracy dominated the judiciary, but this verdict curtails it to ensure an independent judiciary and greater welfare of people," Malik told ucanews.com. 

Drafted in 1972, soon after independence from Pakistan, the country's original constitution gave the parliament power to impeach and remove judges, but it recognized an independent judiciary as its "guardian."

"The cabinet is accountable to parliament. We can impeach the president, but can't do so in the case of a judiciary," Tofail Ahmed, commerce minister and lawmaker of the ruling Awami League reportedly said.

"The verdict undermines the authority of parliament that is mandated by the constitution and the people," he said.

Prior to the July 3 judgment, the court sought the counsel of 12 prominent lawyers and jurists collectively called "amicus curiae," or friends of the court. Nine of them favored the scrapping while one opposed and two did not comment.

Ahmed criticized members of the amicus curiae as "opportunists" for influencing the verdict and reversing their 1972 stance.

However, Father Rozario pointed out a "moral difference" between the parliaments of 1972 and 2017.

"In 1972, lawmakers were morally guided politicians, but today lawmakers are mostly businessmen engaged in politics to protect their businesses and for power," Father Rozario said.

The Bangladesh judiciary had been at loggerheads for separation and independence from the legislative and executive bodies since 1999.

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