The Supreme Court administration on Wednesday informed that Supreme Judicial Council is currently preliminary investigating the conduct of several judges and significant progress also made in this regard.
The Supreme Court administration has said a preliminary investigation is currently underway regarding the conduct of several judges through the Supreme Judicial Council. Significant progress has also been made in this regard, Supreme Court sources said.
Initially, under the 1972 constitution, the power to remove judges of the higher courts was vested in parliament.
However, on January 24 in 1975, this power was transferred to the President through the Fourth Amendment to the Constitution. Later, during Ziaur Rahman's regime, the Fifth Amendment granted this authority to the Supreme Judicial Council.
The 16th Amendment was passed in January 2014, shortly after the 10th parliamentary elections, and it removed the Supreme Judicial Council's role in the removal of judges.
In May 2016, a three-judge special High Court bench declared the 16th Amendment unconstitutional in a majority decision.
After receiving the full copy of the judgement, the state filed an appeal to the Appellate Division in January 2017.
In July 2017, the Appellate Division led by then Chief Justice Surendra Kumar Sinha upheld the High Court's ruling. The full judgement was published in August 2017.
The full 799-page verdict was published on August 1, 2017. On December 24, 2017, the state filed a review petition with the Appellate Division.
On October 20 in 2023, the Appellate Division resolved the review petition with observations. Subsequently, the Supreme Judicial Council was formed.
If allegations arise against a judge, the council reviews them and forwards the findings to the President.
As per the Constitution, this council consists of the Chief Justice and two senior judges.
At the time, at least 15 judges were excluded from judicial duties. Among them, three judges have already resigned.
