The Appellate Division on Tuesday fixed May 21 for next hearing on an appeal filed against a High Court (HC) order that declared illegal the 16th amendment to the Constitution establishing Parliament’s authority to remove Supreme Court judges, reports UNB.
A five-member Supreme Court (SC) bench, headed by Chief Justice SK Sinha fixed the date after holding hearing on the appeal plea for second day.
Earlier, SC rejected two weeks’ time petition filed by Attorney General Mahbubey Alam.
Meanwhile, a heated debate took place between the Chief Justice SK Sinha and Attorney General Mahbubey Alam after the SC had rejected the time petition.
Earlier, on Monday, the Appellate Division started the hearing on the appeal plea.
On February 8 last, the SC appointed 12 senior jurists as amici curiae (friends of court) seeking their opinions over the legality of the 16th amendment.
On September 17, 2014, the Jatiya Sangsad passed the ‘Constitution (16th Amendment) Bill, 2014’ by 327-0 votes as the Speaker put it in the division vote, empowering Parliament to impeach judges of the Supreme Court for their ‘incapacity’ or ‘misconduct’.
Nine Supreme Court lawyers filed a writ petition with the High Court on November 5, 2014, questioning the validity of the amendment.
On May 5 last year, the HC declared the 16th Amendment to the Constitution illegal. The government on January 4 last filed an appeal challenging the HC decision.
The Constitution, drafted in 1972, had given the MPs the power to impeach judges and decide their term in office.
But after the Fourth Amendment in 1975, the power was vested with the President.