Attorney general forms committee for 16th amendment verdict review preparation

Attorney General Mahbubey Alam has formed a committee to prepare for the hearing for the review of the appeals verdict that upheld the cancellation of the 16th constitutional amendment.

The attorney general has said the 11-strong committee has already started analysing the 799-page verdict, which annulled parliament's powers to sack Supreme Court judges on grounds of incompetency or misconduct.

"We've formed the committee seven to eight days ago to prepare the ground for drafting and review. It is working now," he told bdnews24.com on Friday.

Besides Alam, the committee has in it two additional attorneys general, seven deputy attorneys general and an assistant attorney general.

The top law officer of the State said the government was yet to take decision on the date of filing the review petition.

A member of the committee, Deputy Attorney General Ekramul Haque Tutul, said they were analysing the verdict.

"This committee may work on each working day until Oct 30," he said.

Earlier on Sept 13, parliament passed a motion to take legal steps over the 16th amendment verdict and some of its observations.

Attorney General Alam on Oct 11 confirmed to bdnews24.com the receipt of a certified copy of the full appeals verdict.

According to the law, a review petition must be filed within a month from getting a copy of the verdict.

Law Commission Chairman ABM Khairul Haque, a former chief justice, termed the verdict 'flawed' but said it must be accepted despite the differences in opinion.

Former chairman of the commission Justice Abdur Rashid has advised the Supreme Court to rewrite the verdict 'to get out of this mess'.

Law Minister Anisul Huq has said he believes a review of the decision can restore the provision that allowed parliament to sack top judges.

The Supreme Court published the full appeals verdict on Aug 1, drawing harsh criticism from the Awami League government, which passed the amendment in 2014.

The ruling party leaders also attacked Chief Justice Surendra Kumar Sinha for his observations on Bangladesh's politics, past dictatorships, electoral commission, corruption, governance and judiciary in the verdict.

The Awami League leaders accused Justice Sinha of 'belittling' the Father of the Nation Bangabandhu Sheikh Mujibur Rahman in some of the observations.

Facing the criticism, Justice Sinha went on leave on Oct 3 and left the country for Australia after 10 days.

Before leaving, he issued a statement, saying the criticism over the verdict 'embarrassed' him.

The verdict has revived the Supreme Judicial Council, a provision brought during military ruler and BNP founder Ziaur Rahman's regime, to sack top court judges.

The BNP welcomed the verdict and later alleged the government forced Justice Sinha to go on leave and travel abroad.

A day after his departure, the Supreme Court in a rare statement described Justice Sinha's statement as 'misleading'.

According to the Supreme Court statement, Justice Sinha faces 11 specific charges, including graft, money laundering and moral lapse, for which his colleagues in the Appellate Division refused to work with him.

Attorney General Alam and Law Minister Huq have said they see no scope for Justice Sinha to return as chief justice.

Justice Sinha's leave is ending on Nov 10 and tenure on Jan 31.

Justice Md Abdul Wahhab Miah is acting as chief justice now.