Power to remove judges returns to Supreme Judicial Council

The Appellate Division of the Supreme Court disposed of the review petition filed challenging a High Court verdict that scrapped the 16th Amendment to the constitution, giving parliament the authority to remove judges.

As confirmed by legal experts, this decision restores the authority of the "Supreme Judicial Council (SJC) to remove higher court judges."

A six-member Appellate Division bench led by Chief Justice Syed Refaat Ahmed issued the order.

Under this system, any allegations of incompetence or misconduct against a judge can be investigated by the SJC, which will take appropriate action.

The full text of the Appellate Division's observations will be known once the complete verdict is published.

According to Attorney General Md Asaduzzaman, the constitutional provision allowing the SJC to investigate allegations against judges and the code of conduct for judges issued by the apex court in the 16th Amendment case will remain in effect.

The Supreme Court will clarify whether there is any ambiguity in the provisions of Article 96, which governs the resignation of judges, in the full text of its decision.

The review petition, filed by the Sheikh Hasina government on December 24, 2017, spanned 908 pages and outlined 94 arguments for reinstating the 16th Amendment, abolishing the SJC, and addressing several of the court's observations.

In May 2016, the High Court declared the 16th Amendment unconstitutional, mentioning that it violated the principles of separation of powers and judicial independence. The government appealed this decision, but the Appellate Division upheld the High Court's ruling.

In the final text of the August 1, 2017 verdict, the Appellate Division reaffirmed the reinstatement of the Supreme Judicial Council to oversee the removal of judges for misconduct or incapacity. The court also introduced a 39-point code of conduct for judges, formulated under Article 96 of the constitution.

The 16th Amendment, enacted in September 2014, abolished the Supreme Judicial Council and returned the power to remove judges to parliament. This Amendment was subsequently challenged in the High Court.