The High Court (HC) on Thursday has declared the 16th amendment to constitution that established the parliament to impeach Supreme Court (SC) judges for incapacity or misconduct illegal and contradictory to the Constitution.

After hearing a writ petition in this regard, a three-member special bench led by Justice Moyeenul Islam Chowdhury by majority view declared the amendment illegal and unconstitutional.

The two other judges of the bench were Justice Quazi Reza-Ul Hoque and Justice Md Ashraful Kamal.

Earlier, on March 10, the HC fixed today (Thursday) to pass its order on a writ petition filed challenging the legality of the much-talked-about 16th Amendment.

On September 17, 2014, the Jatiya Sangsad passed the 'Constitution (16th Amendment) Bill, 2014' without any opposition, empowering Parliament to impeach judges of the Supreme Court due to their incapacity or misconduct.

Nine Supreme Court lawyers filed the writ petition with the High Court on November 5, 2014, praying to consider the 16th Amendment as illegal and unconstitutional.

The petition also sought an order staying the operation of the 16th Amendment and also against enacting any law in a bid to remove the Supreme Court judges, as per this amendment, until disposal of the rule.

After primary hearing, the HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal issued a rule asking the government to explain why the amendment should not be declared illegal and contrary to the constitution, and cancelled.

The hearing on the rule began on May 21 last year. Four eminent lawyers - Dr Kamal Hossain, Barrister M Amir-Ul Islam, Barrister Rokon Uddin Mahmud and Barrister Ajmalul Hossain QC made their depositions to the court as amicus curiae.