Cabinet okays draft of "The Supreme Court Judges (Investigation) Law, 2016"

The proposed law has also kept a provision for the "honourable exit" of a judge of the higher court -- Appellate Division and High Court Division of the Supreme Court -- if he or she is found guilty for his or her "misconduct".

The approval was given at the regular weekly meeting of the cabinet held on Monday at Bangladesh Secretariat with Prime Minister Sheikh Hasina in the chair.

After the meeting, Cabinet Secretary Mohammad Shafiul Alam briefed reporters.

He said the draft law has been placed by the Legislative and Parliamentary Affairs Division as it was a "constitutional obligation" under section 96(3) of the constitution following its 16th amendment that was made in September, 2014.

In the amendment, he said, sub-sections 2, 3 and 4 of the section 96 were replaced by amending the sub sections 2, 3, 4, 5, 6, 7 and 8.

As per the amendment, there is a provision for conducting a probe if any allegation is raised against any judge of the Supreme Court and framing a law to investigate the allegation.

"The law has been brought following the constitutional obligation," he said.

The cabinet secretary said the draft law was approved aimed at returning to the main law of the original constitution of 1972 to ensure legislative process regarding removal of the Supreme Court Judges like all other democratic nations around the world.

He said a similar law was in the original constitution of 1972 and it was changed after 1975 incorporating provision of forming Supreme Judicial Council, adding that such council doesn't exist now in any country except Pakistan.

Under the draft law, Alam said, any aggrieved person can submit a written application to the Speaker of the Jatiya Sangsad against any judge of the Supreme Court for his or her alleged misconduct.

The Speaker will form a "preliminary committee" with not more than 10 members of Parliament to investigate if there is any justification of allegation while the committee will submit its prima-facie report before the Speaker within seven days.

On valid ground of allegation, the Cabinet Secretary said, the Speaker will constitute a three-member independent investigation committee with a former Chief Justice being its head along with an ex-Attorney General and an eminent citizen of the country or a jurist as its members to probe into the allegation.

Alam added that on completion of the investigation, the Jatiya Sangsad will hold discussion on the report to be submitted by the committee.

The recommendations adopted by the Jatiya Sangsad with two-thirds majority will be sent to the (honourable) President for his or her signature to remove a judge if he or she is found guilty, he said.

About false and baseless allegation of misconduct against any judge of the Supreme Court, he said, the concerned person will face two years of imprisonment or fine of Tk five lakh.

The draft law has been prepared after detailed consultations with concerned stakeholders including Judges of the Appellate and High Court Division, he said adding that still there are scopes to input suggestions in the draft law by concerned stakeholders.

Alam said after further discussions with concerned stakeholders, the draft law will again be placed before the cabinet for its final approval.

Alam said the cabinet also endorsed the draft of "The National Housing Policy, 2016" in a bid to frame guideline so that every citizen of the country gets housing facility.

Other major aspects of the policy, he said, include considering political, economical, environmental, religious values and rituals for ensuring proper housing and developing sustainable human habitation, giving emphasis on protecting environment keeping provision for controlling the forests and natural resources, protecting cultural heritage in formulating various housing projects, preserving natural water bodies, consulting Detailed Area Plan (DAP), preserving rain water and addressing the environmental issues.

Besides, there is a proposal in the policy to form a "Land Bank" with the khas and idle land of the urban and rural areas as well as to form housing credit fund for the middle and lower income group people.

There is also a proposal in the policy to ensure National Building Code for ensuring the quality and security of the building.

Alam said the government first framed the policy in 1993 following the demand raised at the UN environmental summit held in Rio de Janeiro in Brazil in 1992. After that the policy was updated in 1999 and was again brought this time in details.

The cabinet secretary said the cabinet also gave a nod to a proposal for constitution of the Container Company of Bangladesh Ltd in order to run Bangladesh Railway's container transport services through an independent committee.

The meeting was also apprised of the visit of Industries Minister to Saudi Arabia on March 1-5 last to exchange views with the Saudi Trade and Industries Minister on bilateral trade and expansion of investment as well as signing MoU between BSTI and SASO of Saudi Arabia.

The participation of the Information Minister in the OIC Ministerial Conference held in Morocco on December 17-19 last was apprised.

Earlier, the cabinet unanimously adopted a resolution thanking Prime Minister Sheikh Hasina for being one of the members of the High-Level UN Panel on Water.

The UN Secretary General and the World Bank President on April 21 announced the name of Sheikh Hasina for the high-powered body in which 10 heads of state or government and two advisers are members of the panel for the next two years.

Ministers and state ministers concerned attended the meeting, while secretaries concerned were present.