150
for
two
reasons,
firstly,
it
was
transparent
procedure and secondly, if it was retained, it would
safeguard the ‘independence of judiciary’. Both sides
admitted that the independence of judiciary is one of
the basic features of the constitution. It is also
admitted by both the parties that the basic features
of the constitution cannot be changed, altered or
amended. Though this court held that this provision
had been retained for the independence of judiciary,
it is contended on behalf of the State that it is not
a basic feature of the constitution and that it has
got nothing to do with the independence of judiciary.
Mr.
Ajmalul
Hossain,
the
learned
Attorney
General and the Additional Attorney General submit
that the fear of the judiciary about Parliament’s
removal
mechanism
is
entirely
unwarranted.
Mr.
Hossain adds that there is no evidence before this
court to infer that this impugned amendment would
curtail
the
independence
of
judiciary
and
that
apprehensions are based on conjectures and surmises.
It is the common submission of the learned counsel
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