'Interference with the independence of

was the main purpose of the Sixteenth Amendment case'

The Supreme Court's Appellate Division

ruled that the real purpose of the Sixteenth Amendment case was to undermine the independence of judges. The ruling restored the power of the Supreme Judicial Council to remove top court judges for incapacity or violation of the code of conduct.

The final verdict said, 'What was the content of the Sixteenth Amendment? It was a clear attempt by the authoritarian and fascist regime to take away the power to remove judges from the Supreme Judicial Council and hand it over to Parliament. Through this, the independence of the judiciary itself was threatened.'

The Appellate Division bench headed by

Chief Justice Syed Refaat Ahmed announced the verdict on October 20 last year. The full 50-page verdict was published today. It said, "The case has been disposed of with observation."

In the judgment, Justice Zubair Rahman Chowdhury commented, "If a judge faces the wrath or displeasure of the government while performing his judicial duties, is it possible for members of parliament to remove him with a stroke of the pen? Is this acceptable in a democratic state? In my deep consideration and according to the observations of my colleagues, the answer is, very clearly, 'no'."

The ruling also said that judges should

not engage in political debates during their judicial work, as such comments can tarnish the judge's reputation and expose him to severe criticism.

The court also said that judges should not express political opinions, as this could damage the reputation and independence of the judiciary.


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