Dhaka, Oct 20 (V7N)- The Appellate Division of the Supreme Court has disposed of the review petition challenging its previous judgment, which repealed the Sixteenth Amendment of the Constitution. This amendment had transferred the power to remove judges from the Supreme Judicial Council to Parliament. With the dismissal of the review petition, the original provisions of Article 96 of the Constitution remain intact, thereby restoring the authority of the Supreme Judicial Council to oversee the removal of judges.

The full bench of the Appellate Division, led by Chief Justice Syed Refat Ahmed, delivered the verdict on Sunday following a review of the case. The review hearing, which resumed after an eight-year delay, featured arguments from Attorney General Asaduzzaman, Supreme Court Bar Secretary Barrister Ruhul Quddus Kajal, and writ petitioner Manzil Morshed.

This decision means that the Supreme Judicial Council will now have the power to investigate allegations against judges, including three High Court judges and 12 judges who are currently on leave.

The constitutional history of judge removal in Bangladesh has seen several changes. The original 1972 Constitution vested this power in Parliament. However, the Fourth Amendment in 1975 transferred this authority to the President. Later, during President Ziaur Rahman's tenure, the Fifth Amendment introduced the Supreme Judicial Council system, giving it the power to investigate and remove judges.

In 2014, the Awami League government reinstated Parliament's authority to remove judges through the 100th Amendment. This amendment was subsequently challenged in the High Court, which declared it unconstitutional in 2016. The government’s appeal was dismissed by the Appellate Division, effectively reviving the Supreme Judicial Council. The government then filed a review petition to reconsider the judgment, which has now been rejected.

The conclusion of this case solidifies the Supreme Judicial Council's role in maintaining judicial accountability and independence.

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