Law, Justice and Parliamentary Affairs Adviser Dr Asif Nazrul on Sunday said the Supreme Court Judicial now can be made fully operational as the Supreme Court through its order today reinstated the council to remove apex court judges for incapacity or violating the code of conduct.
"Supreme Judicial Council has been reinstated or it has become effective again through the disposal of the review case. There were much confusion regarding this council, but after today's order, the confusion has gone away. This has a special significance in our constitution," the law adviser said while talking to newsmen at the ministry here this noon.
He further said Sunday’s order has opened an avenue to address the resentment of the students and the people against some apex court judges, accused of corruption and being the instruments of oppression of the past fascist force, constitutionally through Supreme Judicial Council.
"The Supreme Court is totally independent and it would take steps in its way. Through today's order, students and people got an appropriate platform to channelize their grievances and raise those to the concerned authorities. I want to see this as a positive development," he added.
While replying a question on when this council will be formed, the law adviser said the council is already in its form, adding, "This is formed with the chief justice and two other most senior judges of the Appellate Division. For example, if it gets a complaint today, it will start processing it right away. There is no need to issue any notification."
Dr Asif Nazrul, a law professor himself, also said he believes the present Supreme Court administration has the good will to ensure the accountability of the apex court judges.
Students and the public now have a forum to present their concerns to the appropriate authority through reviving the Supreme Judicial Council(SJC), which is a positive development, he added.
"There are some judges in the High Court against whom various sections of society have many complaints. Some of them became instruments of the fallen oppressive regime. There are also allegations of corruption against a few. There have been reports in the media, and many are angry about this. Now, through the SJC, there is a constitutional way to address these grievances," he said.
Nazrul made this remarks while speaking to reporters at the Secretariat.
The forum responsible for ensuring accountability of judges has been reinstated through transferring the power of removing judges to the Supreme Judicial Council, he said.
"The Supreme Judicial Council has been reactivated. There was some confusion surrounding this, but the court's verdict has cleared that. Now, the SJC can be made fully operational."
The Law Adviser said the higher judiciary remains entirely independent and will act accordingly.
The Appellate Division of the Supreme Court disposed of the review petition regarding the 16th amendment of the constitution, restoring the SJC’s authority. The court has fully reinstated Article 96 of the constitution, which transfers the power of removing judges back to the SJC.
The full bench of the six-member Appellate Division, headed by Chief Justice Syed Refaat Ahmed, passed the order on Sunday.
Nazrul said the SJC, formed under the constitution, comprises the Chief Justice and the senior-most judges of the Appellate Division. "If a complaint is lodged today, the process will begin immediately. There’s no need for a separate notification; it is clearly stated in the constitution."
"When the SJC was inactive, there was no forum to ensure the accountability of the higher judiciary. At that time, the court administration also lacked the will to ensure such accountability, as they were delivering judgments dictated by others," Nazrul claimed.
