The Appellate Division on Tuesday ordered retention of the constitutional provisions allowing former Supreme Court judges to hold judicial or quasi–judicial offices and former High Court judges to appear in the Appellate Division.
The seven-member Appellate Division bench, headed by Justice SK Sinha, ordered retention of the provisions, incorporated in the Fifth Amendment to the constitution which had earlier been declared void by the highest court, till December 31, 2012 to enable parliament to make necessary amendments to the constitution.
With Tuesday order, all the changes made to the constitution as regards the judiciary and the judges by the Fifth Amendment through martial law proclamations have been retained by the Supreme Court.
The government, however, on Monday approved a bill seeking amendment to the constitution and the bill proposed retention of Article 99(1) and (2).
The court passed the order after hearing a government petition for modification of its May 11 ruling which had ordered retention of some provisions, including the Supreme Court's authority over the subordinate judiciary and Bangladeshi citizenship, made by the Fifth Amendment to the constitution, until December 31, 2012.
Moving the government petition, attorney general Mahbubey Alam sought retention of Article 99(2) to allow retired High Court judges to appear in the Appellate Division.
The court, however, asked him to seek retention of Article 99(1) that stipulated provisions for holding judicial or quasi-judicial offices in the service of the republic by the former (be retired or removed) Supreme Court judges.
The provisions made by the Fifth Amendment through martial law proclamations 'are hereby provisionally condoned until December 31, 2012 in order to avoid disastrous consequences to the body politic for enabling the parliament to make necessary amendments to the constitution and also for enacting laws promulgated during the aforesaid period,' the court said.
Earlier on May 11, the Appellate Division ordered retention of Article 6 dealing with Bangladeshi citizenship, Article 44 guaranteeing the right to move the High Court for the enforcement of the fundamental rights and Article 102 that had restored authority to the High Court to pass necessary orders to enforce fundamental rights, Article 96 making provisions for the Supreme Judicial Council for removal of judges and holders of constitutional offices and repealed Part VI-A of the constitution, which was added by the Fourth Amendment making provisions for forming a 'National Party' as the lone political party in the country, will also be retained, the court ordered.
Source : New Age
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