বিচারপতি অপসারণ ক্ষমতা : শেখ মুজিব থেকে শেখ হাসিনা

১৯৭২ সালে প্রণীত বাংলাদেশের প্রথম সংবিধানে ৯৬ অনুচ্ছেদ অনুযায়ী উচ্চ আদালতের বিচারকদের অপসারণের ক্ষমতা সংসদের হাতেই ছিল। কিন্তু ১৯৭৫ সালে বাকশালের জনক শেখ মুজিবুর রহমান সংবিধানের চতুর্থ সংশোধনীর মাধ্যমে বিচারক অপসারণের ক্ষমতা রাষ্ট্রপতির হাতে ন্যস্ত করেন।
পরবর্তীতে বাংলাদেশের প্রথম রাষ্ট্রপতি ও স্বাধীনতার ঘোষক জিয়াউর রহমানের শাসনামলে সংবিধানের পঞ্চম সংশোধনীর সময় বিচারপতি অপসারণ ক্ষমতা সুপ্রিম জুডিশিয়াল কাউন্সিলের হাতে ন্যস্ত করেন। এটি দেশের অধিকাংশ আইনজীবীসহ সর্বমহলে গ্রহণযোগ্যতা পায়।
বিচারপতিদের অপসারণে ২০১৪ সালের ১৭ সেপ্টেম্বর বর্তমান চোরাই সংসদে সংবিধানের ষোড়শ সংশোধনীর মাধ্যমে ৯৬ অনুচ্ছেদ সংশোধনের প্রস্তাব সংসদে পাস করেন শেখ হাসিনা। বিচারপতিদের বশে রাখতে শেখ হাসিনা ষোড়শ সংশোধনীর মাধ্যমে বিচারপতিদের অপসারণ করা ক্ষমতা সংসদের হাতে ফিরিয়ে আনেন।
বিচারপতিদের অপসারণে শেখ হাসিনার সংশোধনীতে ছিল : ‘প্রমাণিত অসদাচরণ বা অসামর্থ্যের কারণে সংসদের মোট সদস্যসংখ্যার দুই-তৃতীয়াংশ গরিষ্ঠ সদস্যের প্রস্তাবক্রমে রাষ্ট্রপতির আদেশে সুপ্রিম কোর্টের বিচারকদের অপসারণ করা যাবে। …..সাংসদদের প্রস্তাব-সম্পর্কিত এবং বিচারকের অসদাচরণ ও অসামর্থ্য সম্পর্কে তদন্ত ও প্রমাণের পদ্ধতি সংসদ আইনের দ্বারা নিয়ন্ত্রণ করতে পারবে।….কোনো বিচারক রাষ্ট্রপতিকে উদ্দেশ করে স্বাক্ষরযুক্ত পত্রযোগে স্বীয় পদ ত্যাগ করতে পারবেন।
প্রধান বিচারপতিকে এস কে সিনহাকে দেশ থেকে তাড়িয়ে দেয়ার পর এখন ষোড়শ সংশোধনীর পক্ষে নিজেদের মতো রায় বের করতে ব্যাংক ডাকাত সরকারের এটর্নী জেনারেল মাহবুবে আলম ২৪ ডিসেম্বর সুপ্রিম কোর্টে ৯০৮ পৃষ্ঠার রিভিউ আবেদন জমা দিয়েছেন।
মাহবুবে আলম রিভিউ আবেদন সম্পর্কে সাংবাদিকদের বলেন, ‘জিয়াউর রহমানের আমলে সুপ্রিম জুডিশিয়াল কাউন্সিল নামে যে বিধান মার্শাল ল’ ফরমান দ্বারা সংবিধানে সন্নিবেশিত করা হয়েছিল, সেটিকে বাতিল করে ১৯৭২ সালের মূল যে অনুচ্ছেদ তাতে আমরা ফিরে যেতে চাই’।

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  90. I wanted more than just a chance at motherhood; having children has always been a dream. For as long as I can remember I’ve pictured starting a family one day—just one day very far in the future. Adding to the ambiguity, I’m in a queer, same-sex relationship, and I hadn’t even begun to think about how my partner and I might go about having kids. We weren’t even certain we’d end up together. We’ve been dating for almost two years, and while it seems likely that we are heading in the direction of marriage at some point, we are definitely not ready to have kids together. We’d barely talked about moving in together or whether she’d come to the next Thanksgiving, let alone whether we’d want to conceive biologically, adopt, or foster. We were, and are, at the beginning of considering a life together—a time that should be filled with the glow of possibility, the freedom to dream without commitment.

  91. Lillard does make a good point. While George likely didn’t anticipate Lillard would pull up from 37-feet initially, he should have realized Lillard didn’t have a choice as the clock ticked down. Maybe that’s a lot to ask in the heat of the moment, but it’s a fair criticism of George’s defense on the play.

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