Justify 4th, 5th amendments to constitution
HC asks govt, BNP-led alliance, AL
UNB, Dhaka
The High Court (HC) yesterday issued a rule upon the government, the BNP-led four-party alliance and Awami League to show cause why the fourth and fifth amendments to the constitution pertaining to the judiciary should not be declared ultra vires and void.The court also asked them to explain why the original provisions of the constitution adopted in 1972 should not be restored. A division bench comprising Justice Shah Abu Nayeem Mominur Rahman and Justice Abdus Salam Mamun issued the rule, to be replied in eight weeks, in a writ moved by Advocate M Salem Ullah. The writ petitioner sought to restore the original provisions regarding independence of the judiciary, including appointment of judges and their tenure of office, appointment in subordinate courts and its control and discipline, which were curtailed by the fourth amendment during the Awami League (AL) rule in 1975. The petitioner also sought for reintroduction of the original Article 99 of the constitution providing for disability of a judge, which was scrapped by the fifth amendment during the BNP regime in 1979.
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