BNP says HC’s ‘historic’ verdict on 16th Amendment ‘boosted its trust’ in court

The BNP has described as ‘historic’ a High Court verdict declaring illegal the 16th Amendment to the Constitution, which had restored Parliament’s power to impeach top judges.

Senior Correspondentbdnews24.com
Published : 6 May 2016, 09:16 AM
Updated : 24 May 2017, 11:00 PM

The verdict has increased the party’s ‘trust in court’ and ‘hope to get justice’, Senior Joint Secretary General Ruhul Kabir Rizvi has said. 
 
At a media call on Friday, he said the 'historic and monumental’ verdict had enhanced the dignity of the judiciary and strengthened the people’s faith in the High Court.
 
“BNP welcomes this verdict. This has raised hope among people from all walks of life about getting justice at this time of endangerment and misrule,” he said.
 
On Thursday, the special bench of justices Moyeenul Islam Chowdhury, Quazi Reza-Ul Hoque and Md Ashraful Kamal had declared the 16th Amendment illegal in a majority decision after the final hearing over a petition challenging its validity.
 
The court in the verdict said the ‘parliamentary mechanism’ to remove judges was ‘an accident of history’.
 
Describing the order as ‘unconstitutional’, Law Minister Anisul Huq said it would be overturned if challenged in the Appellate Division and that the State was getting ready to appeal.

However, Rizvi at a press briefing at the BNP’s Naya Paltan headquarters said the verdict was a breakthrough.
 
Citing an article of the 1972 Constitution, he said it had empowered the House to impeach judges. “But the power was vested with the president when BAKSAL was constituted.”
 
“Later, a Supreme Judicial Council formed during Gen Ziaur Rahman’s regime was given the authority to impeach judges. This was welcomed by all, because it removed all scope of partisanship.”
 
Then the 16th Amendment was passed in September 2014, restoring the MPs’ power to sack Supreme Court judges.
 
Opposing the idea of giving Parliament the authority, Rizvi said it allows the party with most seats in the House to control and politically influence the impeachment of judges.
 
“The same thing can happen if the power is vested with the president. Because the political party with most seats in Parliament elects the president.”
 
The BNP leader felt the power to impeach judges should be left to a Supreme Judicial Council.
 
He also criticised the law minister for his remarks on the High Court verdict.
 
“This political party (Awami League) is forcibly staying in power and had introduced the 16th Amendment to fulfil their wish. They held a one-sided and voter-less election. So he (law minister) says things like this,” Rizvi added.