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Wednesday, October 15, 2014, Ashwin 30, 1421, Zilhajj 19, 1435 Hijr

Legality of 16th Amendment challenged
Observer Online Report
Publish Date : 2014-10-15,  Publish Time : 11:28,  View Count : 77
A writ petition was filed with the High Court on Wednesday challenging the legality of the 16th Amendment to the Constitution which empowered parliament to remove the Supreme Court judges for their incapacity and misconduct.

The court will hear the petition on Sunday (October 19), the petitioner said.

Supreme Court lawyer Md Yunus Ali Akond filed the petition in the morning.

The petition sought a rule making the Cabinet Secretary, Law Secretary, Parliament Secretary and Chief Election Commissioner (CEC) respondents.

The petition also sought an order staying the operation of the 16th amendment and also against enacting any law in a bid to remove the Supreme Court judges, as per this amendment, until disposal of the rule.

In the petition, he also sought its directives for the cancellation of the 16th amendment to the constitution.

If the power to impeach a SC judge is given to the parliament, the independence of the judiciary will be damaged, he mentioned in the petition.

Talking to the reporters, Eunus Ali Akond said there is no need for any specific academic qualifications to be a Member of Parliament but a lawyer or a district judge needs specific educational qualifications and 10 years experience in law profession and trial activities to become an SC judge.

A lawmaker cannot be empowered to remove an SC judge who is academically more qualified, Akond said.

On September 17, the parliament passed the 16th constitutional amendment bill rejecting all calls for soliciting public opinion.


Editor : Iqbal Sobhan Chowdhury
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