Next hearing over 16th amendment on May 21

The Supreme Court fixed May 21 for next hearing on an appeal filed against a High Court order that declared illegal the 16th amendment to the Constitution establishing Parliament’s authority to remove Supreme Court judges.

A five-member bench of Appellate Division, headed by Chief Justice SK Sinha on Tuesday fixed the date after holding hearing on the appeal plea for second day.

Earlier, on February 8, the SC appointed 12 senior jurists as amici curiae (friends of court) seeking their opinions over the legality of the 16th amendment.

The court also requested them to place their opinions before it on March 7.

On September 17, 2014, the Jatiya Sangsad passed the ‘Constitution (16th Amendment) Bill, 2014’ without any opposition, empowering parliament to impeach judges of the Supreme Court for their incapacity or misconduct.

Nine Supreme Court lawyers filed a writ petition with the High Court on November 5, 2014, questioning the legality of the 16th amendment.

The petition also sought an order seeking a stay on the operation of the 16th amendment and also against enacting any law in a bid to remove the Supreme Court judges.

Hearing on the rule began on May 21, 2015, when four eminent lawyers - Dr Kamal Hossain, Barrister M Amir-Ul Islam, Barrister Rokanuddin Mahmud and Barrister Ajmalul Hossain QC -made their depositions to the court as Amicus Curiae.

After primary hearing, the HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal issued a rule asking the government to explain why the amendment should not be declared illegal and contrary to the constitution.

On May 5, 2016, a three-member special HC bench, headed by Justice Moyeenul Islam Chowdhury, gave its majority verdict and declared the 16th amendment to the constitution illegal.