Dhaka court had ended legislature’s power to disqualify judges

Bangladesh’s Parliament has passed a unanimous resolution to take “proper legal steps” over a Supreme Court verdict on the Constitution’s 16th Amendment.

In a rare motion adopted after a five-hour discussion, Parliament sought to expunge what it called some “unconstitutional, objectionable and irrelevant” observations made by the country’s Chief Justice S.K. Sinha.

Judge’s observations

The resolution followed more than a dozen lawmakers’ criticism of Mr. Sinha over the observations he made on the country’s politics, military dictatorships, election commission, corruption, governance and the judiciary.

Prime Minister Sheikh Hasina, taking part in the discussion, remarked that the court “stepped beyond its jurisdiction” to repeal the constitutional amendment brought by Parliament. Pointing out at some “contradictory remarks” of Mr. Sinha, Ms. Hasina remarked “By making such remarks, the Chief Justice has not only made himself controversial, but also made democracy and Parliament questionable. What is his motive?”

With the 16th Amendment verdict, the appellate division had scrapped the power of Parliament to disqualify top court judges on grounds of “misconduct or incompetency” and restored the Supreme Judicial Council, headed by the Chief Justice, which was constituted earlier by military dictator Gen. Ziaur Rahman.

Noting that Parliament is sovereign and people are the source of all power, Ms. Hasina also noted that “the judiciary must have accountability to Parliament”.

In 2014, Parliament had passed the 16th Amendment, which abolished the Supreme Judicial Council. In May last year, the High Court had ruled that the amendment was “illegal and unconstitutional”. On July 3 this year an appellate division led by Mr. Sinha upheld the annulment of amendment.

Law Minister Anisul Huq said that the judgment will not go “without a final legal challenge”.