SC full bench can hear 16th amendment verdict review

The Appellate Division of the Supreme Court today decided that the six-member apex court full bench is 'competent' to hear a petition for reviewing its judgment that declared the 16th Amendment of the Constitution, illegal.

The six-member full bench headed by Chief Justice Obaidul Hassan took the decision in this regard on Thursday (23 November).

A seven-member Appellate Division full bench on 3 July 2017, pronounced its judgment, upholding a High Court verdict that declared illegal the 16th amendment to the constitution, dismissing a state appeal against it. The state later filed the plea, seeking a review of the apex court judgment.

But as the matter came for hearing before the incumbent six-member full bench of the Appellate Division on 16 November, a question of whether the bench can hear a plea for reviewing judgment pronounced by a seven-member apex court bench had arisen.

In this situation, the apex court decided to take opinions of eight senior lawyers in this regard.

The eight experts opined in majority that the six-member full bench can hear the plea, as there are a total of six judges at the Appellate Division and the full bench is formed with them all.

"The number of judges does not matter here as the provision requires a full bench and the number of judges was not mentioned there. So, there is no legal bar in hearing the plea by the incumbent full bench," senior advocate Manzill Murshid told newsmen.

On 1 June 2017, the apex court concluded hearing on the state appeal against the High Court verdict that had declared illegal the 16th amendment to the constitution, which had empowered parliament to remove judges for incapacity or misconduct.

A three-member High Court bench led by Justice Moyeenul Islam Chowdhury delivered the verdict by majority on 5 May 2016. The two other judges were Justice Quazi Reza-Ul Hoque and Justice Md Ashraful Kamal.