Bangladesh SC reinstates Supreme Judicial Council, reverses parliament’s power to remove judges

Dhaka: Bangladesh‘s Supreme Court on Sunday reinstated the Supreme Judicial Council with authority to investigate allegations of judicial misconduct, while upholding its previous ruling that declared the 16th constitutional amendment, which transferred the power of removing judges to parliament, as “illegal”. “The order was passed by a six-member bench of the Supreme Court’s apex Appellate Division led by Chief Justice Syed Refaat Ahmed,” Supreme Court lawyer Ruhul Kuddus told reporters after the apex court announced its judgement.

Kuddus, who was present in the hearing, said the ruling reinforced the original constitutional provisions.

The verdict also meant scrapping of the 16th constitutional amendment, passed during deposed prime minister Sheikh Hasina‘s regime, giving the task of impeaching judges to Parliament instead of the Supreme Judicial Council comprising apex court judges.

The 16th Amendment was passed in January 2014, relieving the Supreme Judicial Council of its authority of removing judges for incompetence or misconduct. But a three-member High Court bench in May 2016 declared the 16th Amendment unconstitutional, which was challenged by the state in January 2017.

Led by then Chief Justice Surendra Kumar Sinha, a seven-judge Appellate Division bench upheld the High Court’s ruling in July 2017, declaring the 16th constitutional amendment as “illegal”. Following the judgement, the Hasina government filed a petition asking the apex court to review its decision, which was settled with the Sunday’s judgment of the top court.

The 2017 Supreme Court ruling on the matter brought Sinha into clear conflict with the then government, eventually leading to his forced resignation while he was abroad, and he has remained outside Bangladesh since. A student-led mass uprising ended Hasina’s nearly 15-year rule, forcing her to leave the country on August 5. Four days later, Nobel Laureate Professor Muhammad Yunus assumed the role of Chief Adviser of an interim government. Since taking power, the new administration has arrested several ministers and leaders from Hasina’s ousted Awami League government.