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DT e-Paper 27 February 2017

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HC questions legality<br />

of article 95, 116<br />

• Ashif Islam Shaon<br />

Four sentenced<br />

to 10-years for<br />

Jihad’s death<br />

• Ashif Islam Shaon<br />

Four Bangladesh Railway officials<br />

were found guilty of culpable<br />

homicide and sentenced to 10<br />

years of rigorous imprisonment<br />

in a case filed over the tragic<br />

death of the 4-year old Jihad,<br />

yesterday.<br />

Fifth Special Judges Court<br />

pronounced that it undoubtedly<br />

found Bangladesh Railway Senior<br />

Sub-Assistant Engineer Jahangir<br />

Alam and Assistant Engineers Md<br />

Nasir Uddin and Md Zafar Ahmed<br />

Shaki and SR House contractor and<br />

Proprietor Md Shafiqul Islam guilty<br />

under section 304 of penal code of<br />

culpable homicide and also fined<br />

them Tk2 lakh each. •<br />

The High Court in a ruling<br />

questioned the legality of<br />

article 95 that give the president<br />

the authority to appoint<br />

Supreme Court judges and<br />

article 116 that controls the<br />

appointment and posting of<br />

lower court judges, yesterday.<br />

The ruling was issued by<br />

High Court bench of Justice<br />

Quazi Reza-Ul Hoque and Justice<br />

Mohammad Ullah.<br />

The government, the secretaries<br />

to the cabinet division,<br />

law, president’s office<br />

and the registrar general of<br />

Supreme Court have been<br />

asked to explain within four<br />

weeks why the constitutional<br />

provisions should not be declared<br />

illegal.<br />

The ruling was made after<br />

a writ petition was filed on<br />

November 3, 2016 by a Supreme<br />

Court lawyer Eunus Ali<br />

Akond questioning the legality<br />

of articles 48(3), 95, 98, 115<br />

and 116.<br />

In the writ petition,<br />

he challenged the fourth<br />

amendment made in 1975<br />

and the fifteenth amendment<br />

to the articles 95(1) and B<br />

of 95(2), and 116 which was<br />

made in 2011.<br />

He said that the articles<br />

were not the same as the ones<br />

in constitution of 1972. The<br />

amendments were contradictory<br />

to the article 109.<br />

In article 116 of the 1972<br />

constitution, lower court<br />

judges’ appointment, posting<br />

and code of conduct were<br />

controlled by the Supreme<br />

Court. The fifteen amendment<br />

did not restore the<br />

power to the Supreme Court,<br />

though in 2011 through the<br />

Fifteenth amendment the<br />

Awami League restored the<br />

four fundamental principles<br />

of the constitution.<br />

The lawyer in the petition,<br />

also said according to article<br />

95 a law is supposed to govern<br />

how Supreme Court judges<br />

are appointed but that law<br />

was never formed.<br />

“In the 1972 constitution<br />

the Supreme Court had the<br />

whole control of the lower<br />

courts according to the<br />

article 116 which in the fourth<br />

amendment was given to the<br />

President.<br />

“There should be a law<br />

to appoint Supreme Court’s<br />

judges. But the law is yet<br />

to be framed. The whole<br />

judge appointment process<br />

is contradictory to the<br />

constitution,” Eunus Ali said.<br />

Last year in October Chief<br />

Justice Surendra Kumar<br />

Sinha in a message marking<br />

the ninth anniversary of the<br />

separation of the judiciary<br />

had said that the Article 116<br />

should be restored. •<br />

News 5<br />

MONDAY, FEBRUARY <strong>27</strong>, <strong>2017</strong><br />

<strong>DT</strong><br />

TEMPERATURE FORECAST FOR TODAY<br />

THUNDERSHOWER<br />

WITH RAIN<br />

MONDAY, FEBRUARY <strong>27</strong><br />

Dhaka 32 15 Chittagong 30 18 Rajshahi 32 12 Rangpur 30 14 Khulna 33 15 Barisal 33 16 Sylhet 30 13<br />

DHAKA<br />

TODAY<br />

TOMORROW<br />

SUN SETS 6:00PM<br />

SUN RISES 6:23AM<br />

YESTERDAY’S HIGH AND LOW<br />

32.0ºC<br />

10.0ºC<br />

Patuakhali<br />

Srimangal<br />

Source: Accuweather/UNB<br />

PRAYER<br />

TIMES<br />

Cox’s Bazar 30 19<br />

Fajr: 5:50am | Zohr: 1:15pm<br />

Asr: 4:45pm | Magrib: 6:10pm<br />

Esha: 8:00pm<br />

Source: Islamic Foundation

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