Monday, September 8, 2014

ALPP decides to pass 16th amendment bill:Daily Sun

  Awami League Parliamentary Party on Sunday unanimously decided to pass the Constitution (16th Amendment) Bill, 2014 to safeguard the country’s democracy. Prime Minister Sheikh Hasina directed lawmakers to make people understand why the government has taken a move to pass the bill, which aimed at empowering parliament to impeach the judges of the Supreme Court by restoring the Article 96 of the 1
972 Constitution. “You should aware the people of our move to bring the amendment to the Constitution,” said a source, quoting the premier as saying during a meeting of the ALPP at the Parliament Secretariat. Prime Minister Sheikh Hasina was in the chair. “As per the Constitution, the President, the Prime Minister and the Speaker may be impeached by a single majority whereas the judges will need at least two-third majority for the impeachment after the passage of the bill,” she said. Sources said the premier said at present a judge may be removed from his office with the decision of three judges (Supreme Council) while resolution of 234 lawmakers will need for the removal after the enactment. It means their positions are being made well-protected, she said. Before the meeting, Law Minister Anisul Haque moved the bill which was sent to the parliamentary standing committee on Law, Justice and Parliament Affairs Ministry, asking the body to submit a report within seven days. Industries Minister Amir Hossain Amu, Commerce Minister Tofail Ahmed, Suranjit Sengupta, Sheikh Fazlul Karim Selim, Abdus Shahid, Ali Ashraf, among others, also spoke at the meeting. Sources said the meeting also decided not to take opinions of experts on the amendment. AL advisory council member and chairman of the parliamentary standing committee on law, justice and parliamentary affairs ministry Suranjit Sengupta earlier said that they would take opinions of different quarters before submitting its report. Speaking on the amendment, the senior lawmakers said the judges need not be afraid of the bill as the amendment was not aimed at on personal grievance, rather the bill has been brought to protect democracy. They said this was nothing new as it was in the 1972 Constitution. Portraying the regime of Ziaur Rahman, the lawmakers said the then Chief Justice Kamal Hossain had to go home from the court. They also said that not only the commonwealth countries, neighbouring India also empowered parliament to impeach the judges. On the criticism of Dr Kamal Hossain and Barrister Amirul Islam, the premier said they inserted the provision in the 1972 Constitution. “If they kept the provision in 1972, then why do we not be able to substitute it in 2014,” she said. Brushing aside Bangladesh Nationalist Party’s allegations, the premier said we assumed office with the mandate of the people. “We have the rights to bring the amendment,” she said. Over the unopposed elections in many seats, the premier said many raised question over the issue. “But it happened because the BNP did not participate in the polls. It was no matter who contested or not. The main fact was people voted us and we assumed office,” she said, directing the lawmakers to portray the real facts before the people so that none could mislead them. Taking the floor, Amir Hossain Amu proposed the meeting not to take opinions from outside. “The critics will do criticism, even we take opinions. So, we should not take opinions from outside,” he said. Sources said majority of the lawmakers backed his proposal. Briefing reporters, chief whip ASM Feroz said that the present provisions of the Constitution is against the spirit of the people’s power as Article 7 bestows all powers on the people of the republic. Under the circumstances, all the lawmakers of the party unanimously decided to pass the amendment to restore the Article 96 of the 1972 Constitution. Various quarters, including jurists, have been criticising the government for its move to bring the amendment. “The Prime Minister directed us to make people clear about the government’s move to do the amendment,” he said. Bashing the quarter, the chief whip said it was hardly understandable why or which reasons they are criticizing the move. “As per the constitution, parliament has the authority to impeach the President, the Prime Minister and the Speaker through a single majority, while the judges will need two-third majority of at least 234 members to impeach them for professional misconduct or incapacity,” he said, adding that through the amendment, their positions are being well protected. Responding to the criticism of eminent jurists, including Dr Kamal Hossain and Barrister Amirul Islam, the chief whip said they inserted the provision into the 1972 Constitution. “Why they are now criticising the move?” he posed the question. Responding to the criticism that this parliament was not formed through people’s vote, the chief whip said though the Awami League-backed candidates were elected unopposed in many seats, they were elected as per the Constitution. “As we are elected, we have the rights to bring the amendment,” he said.

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