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Supreme Court decision that declared unconstitutional published Amendment 16

Supreme Court

The judgment of the High Court prohibiting the amendment 16 of the Constitution, which had restored the power of the Parliament to dismiss senior judges, was published.

The 165-page decision written by Justice Moyeenul Islam Chowdhury was on the website of the Supreme Court on Thursday.

On May 5, the specialist bank of Judge Chowdhury, Quazi Reza-Ul Hoque and Md Ashraful Kamal’s mission on a petition by a majority of nine lawyers who question the validity of the amendment in question.

Hoque Chowdhury and Justice agreed justice that the change was illegal. His judgment was published on Thursday, Deputy Attorney General Motahar Hossain Saju told bdnews24.com.

However, Kamal judge was to reject the application. His version was not yet been published, Saju said.

The state May 8 moved to the Appellate Division to overturn the Supreme Court.

Saju said that the question before the Supreme Court after the complete failure (view including Justice Kamal) was to go public.

Read the judgment: “… we have no hesitation in concluding that the Sixteenth Amendment is an colorable law and violates the principle of separation of powers between the three branches of government, namely the executive, legislature and judiciary and independence of the Article 94 (4) and 147 (2), two basic structures of the constitution guarantees justice and it is not affected by section 7B of the Constitution. ”

“So we found merit in the rule. The rule is so successful. Consequently, by the majority opinion, the rule is absolute and without any order as to costs.

“It is confirmed that the act of the Constitution (Sixteenth Amendment) Act 2014 (Act No. 13 of 2014) (Annexe’A Scripture petition) is dyeable vires, void and ultra Constitution of the People’s Republic of Bangladesh.”

The decision drew a strong reaction. The opposition MPs left Parliament to protest against the judgment.

Minister Anisul Huq law “unconstitutional” at the time. He also said that the judgment when challenged to the Appellate Division could be annulled.