A hearing will be held tomorrow Sunday (October 20) on the review application against the judgment of the Appellate Division declaring the Sixteenth Amendment of the Constitution invalid and void by giving the power to remove judges to the hands of parliamentarians.
The review application is for hearing on Sunday's agenda published on Saturday. As a result, the Chief Justice said on Sunday. The appeal bench of 6 judges led by Syed Refat Ahmed will hear about this.
Earlier, on August 15, the Appellate Division announced that it would hear the application for review of the judgment of the Appellate Division by invalidating the Sixteenth Amendment of the Constitution, which was brought by the Parliament to remove the judges. In the last week of October, it was announced that the hearing on the review application of the state party would be held. The Appellate Division headed by Chief Justice Syed Refat Ahmed ordered the levy on this day.
The review petition was presented to the court for hearing by the petitioner lawyer Manzil Morsed. On the other hand, the attorney general was on the side of the state. Asaduzzaman.
Earlier in the original constitution enacted in 1972, the National Parliament had the power to remove High Court judges. On January 24, 1975, this power was vested in the hands of the President through the Fourth Amendment of the Constitution. Later, during Ziaur Rahman's regime, the power to remove judges was given to the Supreme Judicial Council through the Fifth Amendment of the Constitution. Article 96 was amended in this regard in the Fifth Amendment to the Martial Proclamation.
Later, on September 17, 2014, the Sixteenth Amendment repealed it and returned the power to remove judges to Parliament. After the bill was passed, it was gazetted on 22 September of the same year.
Challenging the validity of this amendment to the constitution, 9 lawyers of the Supreme Court filed a writ petition in the High Court on November 5 of that year. On the preliminary hearing of this writ, the High Court issued a ruling asking why this amendment should not be declared invalid, void and unconstitutional on November 9 of the same year.
After the hearing of the rule, Justice Mainul Islam Chowdhury, Justice Kazi Reza-ul Haque and Justice Md. A special bench of the High Court consisting of Ashraful Kamal.
On January 4, 2017, after receiving the full copy of the judgment, the state filed an appeal.
After the hearing of that appeal, on July 3, 2017, the full appellate bench of 7 judges headed by the then Chief Justice Surendra Kumar Sinha unanimously gave the final verdict by upholding the judgment of the High Court. Subsequently, the full judgment of 799 pages was published on August 1 of the same year.
On December 24, 2017, the state applied to the Appellate Division seeking a review of that judgment. After that, the review was not heard even though the case was listed for hearing several times.