19 Aug, 2014

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Vadro 4, 1421 Shawal 22, 1435 Regd. No. DA 6238 Vol 2, No 137

TUESDAY, AUGUST 19, 2014 | www.dhakatribune.com | SECOND EDITION

20 pages | Price: Tk12

B1 | BUSINESS

8 | WORLD

11 | OP-ED

14 | SPORT

JUTE PACKAGING ACT STILL AT LOW THRESHOLD

IRAQ FORCES RETAKE MOSUL DAM

TWO WITH A VISION

ARSENAL SET FOR BESIKTAS TEST

JS to get back authority to impeach judges Cabinet okays 16th amendment bill n Mohosinul Karim The Jatiya Sangsad is finally set to get the authority to impeach the Supreme Court judges, 39 years after losing the power under a martial law order. The council of ministers yesterday gave its nod to reinstate article 96 of the 1972 constitution, revising the existing one which was amended through

P3 BNP’S REACTION the fourth and the fifth amendments to the constitution in 1975 and 1978. Prime Minister Sheikh Hasina chaired the cabinet meeting that approved the draft of the “Constitution (16th Amendment) Act 2014,” allowing the restoration of parliament’s authority to impeach Supreme Court judges. The final approval was given on condition of vetting of the Law Ministry. The draft bill was prepared and tabled in the cabinet by the same ministry.

“The draft will be tabled in the next parliament session set to begin on September 1,” Law Minister Anisul Huq told reporters. “We are expecting that it will be passed during this session. “If parliament passes the 16th amendment bill, the provision of forming Supreme Judicial Council to remove Supreme Court judges will be erased from the constitution. Parliament, as a forum of elected public representatives, will get the authority to remove the judges with the consent of the President.” Cabinet Secretary M Musharraf Hossain Bhuiyan after the meeting told journalists: “According to the amendment, article 96 of the 1972 constitution will be revived allowing the parliament instead of the Supreme Judicial Council to impeach Supreme Court judges for their misconduct.” According to article 96(2) of the draft amendment, parliament would not be  PAGE 2 COLUMN 4

Rickshaws and pedestrians wade through ankle-deep water following a heavy shower at the capital’s Chankharpul area yesterday

MEHEDI HASAN

Move comes two years after the JS-judiciary row n Kamran Reza Chowdhury

Many senior lawyers oppose cabinet’s Chief whip’s attempt to save MP hostel officer fails move over judges’ impeachment

The ruling Awami League moved to reintroduce a constitutional provision to impeach judges by the legislature, after more than two years have passed since the grand alliance MPs of the ninth parliament had raised such a demand. The situation arose when a high court judge ruled that then speaker Abdul Hamid, now president of the republic, had committed seditious offence by making comments about the judiciary. What the speaker said about the Supreme Court was “provocative and tantamount to treason against the state,” said Justice AHM Shamsuddin Chowdhury on June 5, 2012. His comments sparked debate in parliament with the MPs demanding the removal of the judge through the formation of the Supreme Judicial Council or restoration of the original

Senior lawyers and constitution experts have expressed opinions against the government move to authorise parliament to impeach Supreme Court judges for misconduct and violating the constitution. Dr Kamal Hossain, head of the committee that framed the country’s constitution in 1972 and Amir-Ul Islam, another member of the committee, have vehemently opposed the cabinet decision to amend the constitution to restore article 96 of the original constitution. The original article 96 empowered the legislature to remove judges with two-third majority in the assembly. However, former Supreme Court Justice Syed Amirul Islam talked in favour of allowing parliament to impeach judges. He said if the legislature had the authority to remove the president, then why not judges.

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n Kamran Reza Chowdhury

Dr Kamal said: “I do not support this move at this moment. This move has created fear among people. I consider it an attack on the judiciary, and it will hurt the independence of the justice system, which is a must for an effective democracy. “We have seen in the past how the judiciary had been fragmented during

P3 ‘NOTHING TO PANIC’ Ershad’s rule; how the chief justice was shown the door,” the veteran lawyer said. He said the lawyers had to fight for a long time to establish the independence of the judiciary. “In 1972, we had the national unity that led us to empower parliament to impeach the judges. That scenario does not exist any more. Now, the situation is reversed.” Barrister Amir-ul Islam told the Dhaka Tribune that empowering the

legislature to impeach judges would “destroy” everything. “Those who have suggested that the government make such a decision are not its friends. This will not only curtail the independence of the judiciary, but also destroy everything,” he said. He also said the present mechanism for impeaching judges, that is the Supreme Judicial Council, was better than impeachment by parliament. The lawyer said the formation of the Supreme Judicial Council was in the hands of the executive as the President could constitute the council. “In 1972, we empowered the legislature to impeach judges, keeping in mind that we would appoint judges in a way that would not warrant the removal of judges for misconduct and violation of the constitution,” said Barrister Amir. He also said the UK and the Indian  PAGE 2 COLUMN 4

n Kamran Reza Chowdhury Chief Whip ASM Feroz has failed in his alleged efforts to unlawfully influence the parliament’s House Committee to adopt a resolution against the arrest of an officer suspected of criminal wrongdoing, following counter-arguments from another MP who said the parliamentary body should not poke its nose into a police investigation. The police suspect that Ajit Kumar Dey, an administrative officer-incharge of the parliament’s hostel wing, was an accomplice of a fake army major who was arrested for trespassing in an MP’s office with the help of Salahuddin Md Amin, the caretaker of the hostel wing who maintains keys of all rooms of the MP hostel. Upon clearance from Speaker Shirin Sharmin Chaudhury, the police arrested Salahuddin; but Ajit has been lobbying with the MPs, showing grounds

that the police cannot arrest anyone in the parliament premises without the permission of the speaker. “I think Ajit is not involved in it [the crime]. He should not be arrested. We can consider whether the House

Police suspect Ajit helped a fake army major in trespassing in an MP’s office Committee can take a resolution on this,” Feroz told a meeting of the committee which Ajit also attended. The chief whip admitted to the Dhaka Tribune about making the comments at the meeting. Discussing security arrangements at the parliament secretariat, the chief whip raised the issue of the fake  PAGE 2 COLUMN 1

Tensions rule fate of Gaza truce, death toll tops 2000 n Agencies

The Gaza death toll rose over 2,000 yesterday as the clock ticked towards a midnight deadline and Israeli and Palestinian negotiators in Cairo strove to hammer out a decisive end to weeks of bloodshed. As millions in and around Gaza enjoyed an eighth day of calm brought on by two back-to-back truce agreements,

tensions were once again on the rise ahead of a new deadline ending a fiveday ceasefire which expired at 2100 GMT. The aim was to broker a long-term arrangement to halt over a month of bloody fighting which erupted on July 8 although both sides have largely lowered their guns since August 4 thanks to a series of brief truce arrangements. Ahead of the deadline, Palestinian President Mahmud Abbas was sched-

INSIDE 3 | News

The BNP yesterday alleged that the government is aiming to establish a one-party parliamentary system through its attempts to amend the constitution and empower the parliament to impeach Supreme Court judges.

4 | News

The Malaysian human resources minister, Richard Riot Anak Jaem, yesterday said his country would recruit more Bangladeshi labourers, but did not specify how many or what the timetable for recruitment would be.

6 | Nation

At least 60,000 people living in the low-laying areas of the districts have become marooned as the flood situation took a serious turn due to the continual downpour during the ongoing rainy season.

7 | Long Form

The Partition of India and the vivisection of Bengal in 1947 no longer stands at the front and centre of public consciousness in East Bengal, now Bangladesh.

9 | World

The death toll from three days of flooding and torrential rain in Nepal and India rose to more than 180 people yesterday, as relief teams sent food, tents and medicine to prevent any outbreaks of disease.

12 | Entertainment

Band music has immense popularity in the country especially among youngsters who often consider band musicians as their idols. Despite the huge popularity, opening and continuing a new band remains challenging and even impossible for many musicians.

uled to travel to Doha to meet with exiled Hamas chief Khaled Meshaal today and also hold talks with the Emir of Qatar Sheikh Tamim bin Hamad al-Thani. Qatar is a key backer of Hamas, the de facto rulers of Gaza. Last night, the Palestinian Ma’an News Agency reported, quoting Palestinian officials, that the Israeli and Palestinian teams had signed an outline ceasefire agreement that details the is-

sues that both sides have agreed to, and those that will be discussed in a second round of negotiations at a later date. The Israeli team returned to Jerusalem for consultations at midnight. In the meeting, the Israelis would either approve or reject the proposal, it reports. Palestinian sources close to the negotiations told Ynet that both sides were working on extending the temporary truce for a few days, beyond its

midnight deadline, rather than signing a long-term ceasefire deal. In an apparent attempt to pressure Hamas, Egypt said it would co-host an international fundraising conference for Gaza, but only if a deal is reached, reports Fox News. Since last week, Egypt has been hosting indirect talks between Israel and Hamas aimed at ending a devastating  PAGE 2 COLUMN 1


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