The review hearing on the judgment of the Appellate Division declaring the 16th Amendment of the Constitution illegal has been set on October 20, reports BSS.
The review application will be heard by the full bench of the Appellate Division led by Chief Justice Hasan Foez Siddique. On August 8, the Chamber Court of the Appellate Division Justice M Enayetur Rahim fixed the date, Advocate on Record Haridas Pal told BSS.
On January 5, 2014, the 16th Amendment to the Constitution was passed, removing the provision of the Supreme Judicial Council. On September 17 the same year, Article 96 was amended, restoring the power to remove judges to the hands of parliamentarians.
A writ was filed in the High Court on November 5 challenging the validity of the amendment on the ground that this amendment is contradictory to the basic structure of the constitution and it undermines the independence of the judiciary.
After the preliminary hearing on that writ, the High Court issued a ruling on the cancellation of the amendment on November 9, 2014. On May 5, 2016, a special bench of the High Court ruled that the Sixteenth Amendment was invalid based on a majority opinion.
The state appealed against this verdict, but on July 3, 2017, the Appellate Bench ruled the Sixteenth Amendment as null and void.
The state then filed a review application against the judgment of the Appellate Division on December 24, 2017, citing 94 arguments in favour of the 16th Amendment.
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