The Supreme Judicial Council is reinstated to remove apex court judges for incapacity or violating the code of conduct as the Appellate Division of the Supreme Court today disposed of a plea to review the apex court judgment that had declared the 16th constitutional amendment illegal.
"Disposed of with observation," said the order passed by the Appellate Division bench headed by Chief Justice Syed Refaat Ahmed.
"The Supreme Judicial Council will be able to probe and take steps against apex court judges for incapacity or violating the code of conduct," senior lawyer Barrister Ruhul Quddus Kazal, who took part in the hearing, said.
Senior advocate Manjil Mushid moved the writ petition before the court, while Attorney General Md Asaduzzaman stood for the state.
A seven-member Appellate Division full bench on July 3, 2017, pronounced its judgment, upholding a High Court verdict that declared illegal the 16th amendment to the constitution, which had empowered parliament to remove judges for incapacity or misconduct. The state later filed the plea, seeking a review of the apex court judgment.
A three-member High Court bench led by Justice Moyeenul Islam Chowdhury had delivered the verdict by majority on May 5, 2016.
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