Bangladesh SC scraps Parl authority to impeach judges

"By unanimous decision the (government) appeal is dismissed," Chief Justice Surendra Kumar Sinha pronounced as a seven-member apex court bench unanimously upheld a previous High Court judgment calling the 16th amendment to the constitution illegal.

He said the seven-member apex court bench dismissed the appeal "with some findings" after hearing the arguments for and against the government appeal against the High Court decision for over 11 days.

The verdict came amid a visible conflict between Prime Minister Sheikh Hasina's ruling Awami League government and the Supreme Court over the apex court jurisdiction in disciplining lower judiciary judges. Attorney General Mahbebey Alam expressed his "frustration" over the judgment fearing it could undermine the "sovereign parliament's authority" but said he could take steps to seek its review by the apex court itself on consultation with the government.

Several lawyers said the verdict would automatically restore the previous provision of Supreme Judicial Council, comprising the chief justice and two senior most apex court judges, in removing Supreme Court judges on moral or health grounds.

Alam, however, tended to contradict the idea saying legal complicacies might not allow automatic restoration of the previous provision. The Supreme Court in unitary Bangladesh have two divisions the Appellate Division and High Court Division unlike countries with federative structures like India. The parliament passed the amendment in September 2014, repealing the provision of the Supreme Judicial Council.