Chief Justice Surendra Kumar Sinha said yesterday that the government does not have faith even in its own legislators, because section 70 that prevents a member from voting against his party in parliament is still In the constitution.
"You do not trust your own legislative parties." MPs can not work independently because of Article 70 of the Constitution. "Why did you keep this article in the constitution? He asked the Attorney General Mahbubey Alam.
"Why not have faith in Parliament?" Asked the Chief Justice.
He chaired a seven-member court of the Supreme Court's Appeal Division for an appeal hearing against the verdict of the High Court which discarded the 16th Amendment to the Constitution .
The 16th amendment had empowered parliament to remove judges for incapacity or misconduct.
Following an application for an order filed by nine Supreme Court lawyers, the HC, on May 5, declared the amendment illegal. The government, on January 4 of this year, filed an appeal with the SC challenging HC's verdict.
The SC will reconvene tomorrow morning.
Mahbubey Alam told the court yesterday that there is a history of Article 70.
Rule 70 says: "A person elected as a member in an election to which he has been nominated as a candidate by a political party must leave his seat if he resigns from that election part; Or votes in Parliament against that party; But must not be disqualified for subsequent elections as a deputy. "
The provision was created as part of "horse trading" that took place in different countries, said the AG. In terms of politics, "fair trade" brings members of the opposition party to a majority in parliament by using unethical means.
In response, the Chief Justice asked if there is any certainty that the "horse trade" will not take place when making judicial decisions.
He stated that there should be an exclusive hearing on Article 70. "We can not say everything here because it will pop up in the media."
The Attorney General said that the 16th amendment was made to remove the scars from martial law.
The system of the Supreme Judicial Council, which was empowered to recommend the abduction of judges, was introduced by a proclamation of martial law, said the GA.
The 16th amendment was incorporated to return to the original constitution. It was in the interest of the country, not for a political purpose, he argued.
Judge Sinha stated that certain laws formulated in 1982 [during the martial law rule] are still in force.
He added that the judiciary never supported martial law.
There is a very sad chapter in the history of the country, recalled the CJ. Without mentioning a name, he said that a highly qualified president had to leave when he showed a little neutrality.
Deputy Attorney General Murad Reza told the court that Bangladesh is the only example where a chief justice [Abu Sadat Md Sayem] became the main administrator of martial law by taking his oath and upholding the law martial.
Unless there are checks and balances like the 16th amendment, it can not be guaranteed that the same thing will not happen again, he said.
The Attorney General told the SC that the deputies were elected representatives of the people. As the appointing authority, the president should do something about HC Judge who observed in the verdict of the 16th Amendment that many lawmakers have criminal records.
If the allegation against the deputies is true, something tangible should be done, he added.
The Chief Justice then asked the Attorney General how he could make such a comment. "What did you say? Can the president remove a judge?"
Judge Sinha said that the executive has already put the lower judicial power under his control and that he is now trying to do the same for the Supreme Court.
"About 80% of the judges of the country come from the lower magistracy. In fact, the Supreme Court has no control over them. The courts became invalid. "
When the Attorney General said that the sculpture on the premises of the Supreme Court became a problem, the Chief Justice asked him not to raise it.
Judge Sinha stated that there is a district without district judge for five months. He questioned how the judiciary works.
He added that he was always making comments in the interests of the judiciary.
"The Minister of Justice has stated that judges' wages have increased and that the judiciary is independent and that the judiciary can only become independent by raising the salaries of judges. After ministers were minced, "said Sinha.
The Chief Justice, along with other summonses, left the courtroom at about 1:15 pm when the court time ended.