The Supreme Court has reaffirmed that judges can be removed through the Supreme Judicial Council. In a landmark ruling on Sunday, the six-member Appellate Division of the Supreme Court, led by Chief Justice Syed Refaat Ahmed, upheld its earlier decision that declared the 16th Amendment to the Constitution invalid.
This ruling solidifies the authority of the Supreme Judicial Council in investigating allegations of incapacity or professional misconduct against judges.
Attorney General Md. Asaduzzaman represented the state in the court during the hearing. Advocate Manzil Murshed stood for the petitioner in the court.
The 16th Amendment, passed by the Awami League government in 2014, sought to transfer the power of removing judges from the Supreme Judicial Council to the National Parliament.
However, the amendment’s legality was challenged in the High Court. In a ruling on May 5, 2016, a special bench declared the amendment unconstitutional by majority decision. The government appealed against this ruling in January 2017, but on July 3 of the same year, the full Appellate Division bench, led by then-Chief Justice Surendra Kumar Sinha, unanimously rejected the appeal, upholding the High Court’s decision to annul the 16th Amendment. The government filed a petition on December 24, 2017, seeking a review of the Appellate Division’s verdict on the 16th Amendment.
As a result of Sunday’s ruling, the judiciary retains its independence, ensuring that the investigation and removal of judges will remain a judicial matter rather than a political one.
