B'desh SC scraps parliament authority to impeach judges

Bangladesh's High Court today declared void a constitutional amendment empowering parliament to impeach Supreme Court judges for misconduct and incapacity, sparking a row between the legislature and judiciary.
A three-member special bench led by Justice Moyeenul Islam Chowdhury by majority view declared the September, 2014 amendment to the Constitution "illegal and unconstitutional", a year after a writ petition was filed by a lawyer challenging the amendment.
The verdict called the provision empowering lawmakers with authorities to impeach Supreme Court judges as an "accident of history" expressing fear parliamentary power would be misused by majority strength of the party in power since the Constitution does not allow an MP to defy the party decision.

The verdict came as the parliament is in session where the opposition Jatiya Party lawmakers walked out of the house protesting the judgment.
Law minister Anisul Huq called the verdict "unconstitutional illegal and a conspiracy against democracy".
Prime Minister Sheikh Hasina's cabinet earlier in August, 2014 approved a proposal to restore parliament's authority in impeaching Supreme Court judges that revived an old constitutional provision stipulated in the original constitution of post-independent Bangladesh.

The 1972 constitution had given parliament the authority to remove SC judges, but the subsequent regime of military ruler Ziaur Rahman had scrapped the provision and replaced it with the Supreme Judicial Council system.

According to the previous constitutional provision, the Supreme Judicial Council, comprising the chief justice and two other senior most judges of the Appellate division of the apex court, investigates allegations of misconduct against any SC judge and makes necessary recommendations to the president.
The president would then take steps as per the suggestions while he could also impeach a judge on grounds of physical and mental incapacity.
The law minister earlier said nations considered "most civilised and with parliamentary system" like the UK, India, Australia and New Zealand have this constitutional provision giving parliament the power to impeach Supreme Court judges.