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