Law minister hopeful review will return power to MPs to sack judges

The State has failed to secure an appellate verdict in favour of the 16th Amendment to Bangladesh Constitution but the law minister believes a review of the decision can restore the provision that allowed parliament to sack top judges.

“I believe we will be victorious in our legal steps over the 16th amendment case,” Minister Anisul Huq said in reply to a question in parliament on Monday.

Opposition Jatiya Party MP Fakhrul Imam had posed the question.

“The High Court verdict had called the parliament dysfunctional. On the day of that verdict, you said “this can never happen. We will surely win at the Supreme Court’. What is your position on this now?” Imam asked.

“Yes, I stood here that day and said that we will win. The Appellate Division is the authority on verdicts. They have made a decision,” said the minister.

In 2014, the government passed the 16th Amendment to the Constitution to return to parliament the power to sack judges over incapacity or misconduct.

Last year, the High Court declared the amendment ‘illegal’, a decision that was upheld by the Appellate Division on Jul 3.

The full verdict was finally released on Aug 1.

The State can still move a review petition but there is slim chance that the last-ditch effort would lead the decision to be overturned.