In the wake of the Chief Justice’s (CJ’s) comment that writing judgement by judges after their retirement unconstitutional, BNP on Wednesday claimed the 15th amendment to the constitution revoking the caretaker government system is illegal as it was done based on such a judgment.
Speaking at a discussion, BNP acting secretary general Mirza Fakhrul Islam Alamgir also said the current government and parliament also turned illegal with the CJ’s remark.
“Problems and conflicts have surfaced in the government… the current regime and parliament have no legitimacy following the Chief Justice’s remark as the 15th constitutional amendment was done based on such a judgement that was unconstitutional,” he said.
Fakhrul alleged that ex-Chief Justice ABM Khairul Haque violated the constitution by writing the judgement that declared the 13th constitutional amendment illegal long after his retirement. “They must be made accountable for flouting the constitution.”
Dhaka city unit BNP arranged the discussion at the Institution of Engineers, Bangladesh demanding the release of detained BNP leaders, including MK Anwar and Mirza Abbas, and withdrawal of the cases filed against them.
In a message on the occasion of the first anniversary of his taking office as the 21st chief justice of the country, Chief Justice Surendra Kumar Sinha said some judges make unusual delays in writing verdicts while others continue to write it even long after their retirement, which goes against the law and the constitution.
“Supreme Court judges take oath of upholding laws and the constitution. But after retirement, a judge is not under oath anymore and is a common citizen then. A judge after his retirement loses the right to keep court documents in his possession, and prepare, review or sign verdicts,” he noted.
Earlier in the day, Supreme Court Bar Association (SCBA) President Khandaker Mahbub Hossain at a press conference demanded restoration of the caretaker government system as ABM ex-CJ ABM Khairul Haque’s judgement declaring the 13th constitutional amendment illegal was not constitutional.
“We on behalf of the SCBA have long been saying writing and signing any judgement after retirement is unconstitutional. It was clearly manifested through the current Chief Justice’s remark,” he told reporters at the SCBA auditorium.
Mahbub said ABM Khairul Haque signed the judgment on 13th amendment 16 months after he went on retirement. “So, this judgement is illegal and it has no constitutional basis.”
He urged the government to hold a fair election under a caretaker government by restoring the system in the constitution.