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Bangladesh SC reinstates Supreme Judicial Council, reverses parliament’s energy to take away judges

by Index Investing News
October 20, 2024
in Financial
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Dhaka: Bangladesh’s Supreme Courtroom on Sunday reinstated the Supreme Judicial Council with authority to analyze allegations of judicial misconduct, whereas upholding its earlier ruling that declared the sixteenth constitutional modification, which transferred the ability of eradicating judges to parliament, as “unlawful”. “The order was handed by a six-member bench of the Supreme Courtroom’s apex Appellate Division led by Chief Justice Syed Refaat Ahmed,” Supreme Courtroom lawyer Ruhul Kuddus instructed reporters after the apex court docket introduced its judgement.

Kuddus, who was current within the listening to, mentioned the ruling strengthened the unique constitutional provisions.

The decision additionally meant scrapping of the sixteenth constitutional modification, handed throughout deposed prime minister Sheikh Hasina’s regime, giving the duty of impeaching judges to Parliament as an alternative of the Supreme Judicial Council comprising apex court docket judges.

The sixteenth Modification was handed in January 2014, relieving the Supreme Judicial Council of its authority of eradicating judges for incompetence or misconduct. However a three-member Excessive Courtroom bench in Could 2016 declared the sixteenth Modification 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 Excessive Courtroom’s ruling in July 2017, declaring the sixteenth constitutional modification as “unlawful”. Following the judgement, the Hasina authorities filed a petition asking the apex court docket to evaluate its resolution, which was settled with the Sunday’s judgment of the highest court docket.


The 2017 Supreme Courtroom ruling on the matter introduced Sinha into clear battle with the then authorities, ultimately resulting in his pressured resignation whereas he was overseas, and he has remained exterior Bangladesh since. A student-led mass rebellion ended Hasina’s almost 15-year rule, forcing her to depart the nation on August 5. 4 days later, Nobel Laureate Professor Muhammad Yunus assumed the function of Chief Adviser of an interim authorities. Since taking energy, the brand new administration has arrested a number of ministers and leaders from Hasina’s ousted Awami League authorities.



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