passed the latest amendment, dropping the Supreme Judicial Council. Before the passage of the 16th amendment, the government said it would formulate another law within three months featuring every aspect in removing any judge for their professional misconduct or incapability. Sources say the ministry concerned has been scrutinising identical laws of other countries before formulating the law. In the meantime, it has examined existing laws of Canada, Australia, Sri Lanka, South Africa and India. Law, Justice and Parliament Affairs Minister Anisul Haq said, “A process is on to formulate the law and the draft will be placed in the cabinet soon.” The ministry has been taking some time as it is an uphill work. “Such laws of various countries are being examined so that nobody can raise any questions about it in future.” Meanwhile, an apex court lawyer on Wednesday filed a writ petition with it, challenging the legality of the 16th amendment. Ministry sources said the proposed draft may have a provision of forming an independent commission, led by two retired judges and a practising SC lawyer having at least 30 years’ experience. The commission will look into the allegations of a judge before removing him or her from their offices. Alongside the commission, another committee, headed by the Speaker or Deputy Speaker of the House, may be formed. Any judge who will face such charge may get the chance of acting in self-defence before the committee. Even, the accused may appoint a lawyer for hearing. After the hearing, the Speaker-led committee will place the report to parliament with recommendations, thus prompting it to take necessary measures against the accused with the votes of a two-thirds majority. Once the law is passed, parliament will have the full power to impeach any SC judge on allegations of professional misconduct or incapability. Parliament had such power for four years since the country’s independence. Later, it was dropped through military order, developing a new mechanism—Supreme Judicial Council. Lawmakers brought back parliament’s authority through the 16th amendment on September 17 during the third session of the Awami League-led government. On September 22, President Abdul Hamid gave his assent to the Constitution (Sixteenth Amendment) Bill 2014.
Friday, October 17, 2014
Judge Impeachment Bill likely in next session:Daily Sun
passed the latest amendment, dropping the Supreme Judicial Council. Before the passage of the 16th amendment, the government said it would formulate another law within three months featuring every aspect in removing any judge for their professional misconduct or incapability. Sources say the ministry concerned has been scrutinising identical laws of other countries before formulating the law. In the meantime, it has examined existing laws of Canada, Australia, Sri Lanka, South Africa and India. Law, Justice and Parliament Affairs Minister Anisul Haq said, “A process is on to formulate the law and the draft will be placed in the cabinet soon.” The ministry has been taking some time as it is an uphill work. “Such laws of various countries are being examined so that nobody can raise any questions about it in future.” Meanwhile, an apex court lawyer on Wednesday filed a writ petition with it, challenging the legality of the 16th amendment. Ministry sources said the proposed draft may have a provision of forming an independent commission, led by two retired judges and a practising SC lawyer having at least 30 years’ experience. The commission will look into the allegations of a judge before removing him or her from their offices. Alongside the commission, another committee, headed by the Speaker or Deputy Speaker of the House, may be formed. Any judge who will face such charge may get the chance of acting in self-defence before the committee. Even, the accused may appoint a lawyer for hearing. After the hearing, the Speaker-led committee will place the report to parliament with recommendations, thus prompting it to take necessary measures against the accused with the votes of a two-thirds majority. Once the law is passed, parliament will have the full power to impeach any SC judge on allegations of professional misconduct or incapability. Parliament had such power for four years since the country’s independence. Later, it was dropped through military order, developing a new mechanism—Supreme Judicial Council. Lawmakers brought back parliament’s authority through the 16th amendment on September 17 during the third session of the Awami League-led government. On September 22, President Abdul Hamid gave his assent to the Constitution (Sixteenth Amendment) Bill 2014.
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