The government on Tuesday appealed for restoration of the constitutional provision allowing retired High Court judges to appear in the Appellate Division.
The provision was incorporated in the Fifth Amendment to the constitution through a martial law proclamation in 1977.
The Appellate Division of the Supreme Court posted for today the hearing in the petition moved by attorney general Mahbubey Alam seeking modification of its verdict for restoration of some provisions of the Fifth Amendment which the court had declared void.
The petition said that the provision allowing retired High Court judges to appear in the Appellate Division had been dropped from the constitution reprinted on February 10, 2011 in line with the Supreme Court verdict delivered on February 2, 2010 declaring all martial law proclamations and orders illegal, excepting those which have been condoned by the Appellate Division in public interest.
If condonation in respect of article 99(2) of the constitution is not allowed, there will be an abrupt discontinuation of the retired judges' appearance in the Appellate Division which will affect litigants, the petition pointed out.
The petition also referred to the Appellate Division's May 11, 2011 verdict that retained 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 to enable parliament to make necessary amendments to the constitution.
The Appellate Division also ordered retention of the martial law proclamation that had amended Article 6 of the constitution on Bangladeshi citizenship.
It ordered retention of the martial law proclamations that had amended Article 44 guaranteeing the right to move the High Court for protecting fundamental rights and Article 102 that had restored the authority to the High Court to pass necessary orders to enforce fundamental rights.
The martial law proclamations that had amended 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96 making provisions for the Supreme Judicial Council for removal of judges and holders of constitutional offices and repealed Part VI-A of the constitution, which was added by the Fourth Amendment making provisions for forming a 'National Party' as the lone political party in the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.
The court passed the order in its verdict in the government's appeal seeking a review of the Appellate Division judgement delivered on February 2, 2010 upholding the High Court verdict delivered on August 29, 2005 declaring the Fifth Amendment void.
In the May 11 verdict, the Appellate Division disposed of the government's petition with a modification of the operating portion of its February 2, 2010 judgement.
Source : New Age
