Home
+
Published : 05 May 2016, 06:29 PM
He made the observation in Parliament during an unscheduled discussion on Thursday, hours after a special bench of the High Court pronounced the judgment.
Huq, also a Supreme Court lawyer, said the verdict would be overturned if challenged in the Appellate Division and that the State was getting ready to appeal.
“We’ll follow legal path. We won’t tolerate any conspiracy against democracy,” he added.
The 16th Amendment was passed on Sept 17, 2014, allowing Parliament to remove justices by a two-thirds majority on grounds of incapacity and misconduct.
It was gazetted five days later.
In November that year, nine Supreme Court lawyers filed a petition challenging the amendment.
The special bench of Justices Moyeenul Islam Chowdhury, Quazi Reza-Ul Hoque and Md Ashraful Kamal declared the amendment illegal in a majority verdict on Thursday.
Jatiya Party MP Fakhrul Imam initiated the discussion on the judgement standing on a point of order.
Another Jatiya Party lawmaker, Kazi Firoz Rashid, and JaSoD MP Mayeen Uddin Khan Badal later joined.
They sought the law minister’s statement on the court verdict.
In response, the Anisul Huq said, “We passed the amendment to uphold the independence of the judiciary and the learned justices.”
He said before the amendment to Article 96 of the Constitution there was the Supreme Judicial Council based on a martial law ordinance. “We tried to change that.”
“In today’s verdict, they (the High Court) have declared it illegal. But I still say it’s not illegal at all. What they have done is non-maintainable,” he added.
The 1972 Constitution entrusted the removal of top court judges to Parliament but the power shifted to the president through the Fourth Amendment in 1975.
After Ziaur Rahman grabbed the power, a martial law ordinance was issued, providing for the Supreme Judicial Council to remove judges.
Prime Minister and Leader of the House Sheikh Hasina was not present in Parliament during Thursday’s discussion.
