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Clayton Mikolasy Obituary (1942 – 2021) – Millville, NJ – The Press of Atlantic City – Legacy.com

Mikolasy, Clayton C. "Clay", - 78, of Millville, passed away on March 23, 2021 at his home. He was born October 24, 1942 in New York City. Clay was the son of the late Alexander and Ruth Walters Mikolasy. He was raised in Lehigh County, PA, finished high school in Sunnyvale, CA and went to the school of City College in San Mateo and City College of San Francisco. Clay enjoyed reading, kayaking, canoeing, snorkeling, automobiles, trolley cars, gardening, using his snowplow, riding his recumbent "Catrike 700", visiting Sanibel Island, FL, Washington D.C., the Inner Harbor in Baltimore, classical music, YouTube and visiting with friends and family. Clay worked in property insurance underwriting and safety inspection and fire premium rate grading. In 1972, he began his business as "Clay Mikolasy Fire Insurance Rate Analysis" and "Clay Mikolasy Insurance appraiser on buildings", working directly for property owners to reduce their property insurance premiums and to set an estimate of construction costs of their buildings so they could buy the correct amount of insurance. He worked fulltime up until December of 2020 when he was forced to retire with the unwelcome diagnosis of terminal stage four pancreatic cancer. About ten years ago, he became a member of the Tea Party and later ran for Republican Party county committee, defeating an Establishment candidate. He is survived by his loving wife Diane (Cameron); stepson Paul Cameron (Heather) and grandson Kaden Cameron. Clay has always been extremely grateful and privileged to work for his wonderful clients in the Ocean City, Maryland area for many years. A special thank you to Bayada Hospice for their compassionate care. Clay will be sorely missed. Burial services will be private at the convenience of the family. Memorial donations may be made in his name to First Presbyterian Church, 119 N. Second Street, Millville, NJ 08332. condolences and guestbook at http://www.pennjerseycremation.com

Published by The Press of Atlantic City on Mar. 27, 2021.

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Clayton Mikolasy Obituary (1942 - 2021) - Millville, NJ - The Press of Atlantic City - Legacy.com

Sam Adams Taproom Reopens And Launches New Beer | WBZ NewsRadio 1030 – iHeartRadio

BOSTON (WBZ NewsRadio) The Sam Adams taproom in Faneuil Hall reopened Wednesday, after being shut down for the winter due to the coronavirus pandemic.

The doors open at 2 p.m. and seating is on a first come, first serve basis.

There is available seating on the rooftop as well as the patio.

Sam Adams closed its patio last summer due to an influx of out-of-state visitors.

READ MORE: Kim Janey Sworn In As Bostons 55th Mayor At City Hall

Since Boston loosened some restrictions on Monday, the brewery is back in full-force.

To celebrate the reopening, the company released a new brew called Brewer Patriot Ale, which features the tea blend that was thrown overboard during the Boston Tea Party.

The Boston-based brewery plans to launch the new beer in the coming weeks and is partnering with The Boston Tea Party Museum.

The slogan, This is Boston. Drink Accordingly, will be showcased inside Fenway Park starting opening day, April 1.

The marketing campaign will remain up until the end of the season.

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Sam Adams Taproom Reopens And Launches New Beer | WBZ NewsRadio 1030 - iHeartRadio

Trump’s Gone, but the Texas GOP Keeps Drifting Rightward – Dallas Observer

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In the days leading up to Jan. 6, Olivia Troye saw the online chatter grow more extreme. Former President Donald Trumps supporters believed the November 2020 election had been rigged in favor of eventual winner Joe Biden. Trumps team challenged election results where they could and Troye couldnt shake the feeling that it wouldnt end well.

An El Paso native, Troye once served as a homeland security and counter-terrorism adviser to former Vice President Mike Pence. Her worries proved prescient on Jan. 6, when Trump supporters stormed the U.S. Capitol. At her home in Virginia, Troye and her family watched the news in horror as the violence unfolded. Many of the rioters wore militia-like tactical gear, many carried arms and some were calling for Troyes old boss, Pence, to be hanged. (Trump falsely claimed Pence had the ability to overturn the election, leading many of his supporters to label the vice president a traitor.)

Troye knew well how volatile the former presidents supporters could be. After she broke with the White House last August over his administrations handling of the pandemic, she went on television and criticized Trump, even predicting the kind of violence that happened on Jan. 6. The threats poured in.

Troye believes Trumps rhetoric, parroted by sycophantic Republican lawmakers, led to that days chaos and deadly violence. And she was furious: Shed dedicated her life to a party that, the way she saw it, had betrayed its principles for power.

Its such a dark moment for our country to watch the fragility of our democracy in action. And the fact that theres this mob attacking the U.S. Capitol and it was like watching a banana republic, right? Troye said. This doesnt look like the United States, but it is happening here.

Some political pundits announced the death of the Republican Party immediately following the insurrection, but its a notion that GOP leaders and experts roundly reject. Even in reliably red Texas, some have prophesied a blue wave, thanks in large part to the state governments failures to manage the fallout from Februarys deadly winter storm.

Its such a dark moment for our country to watch the fragility of our democracy in action." - Olivia Troye, former homeland security adviser to Mike Pence

During the 2020 general election, that blue wave missed Texas and Republicans easily retained majority control of the state Legislature, but with conflict inside the party, the Texas GOP will have to decide: Just how much further to the right does it want to drift?

Troye feels abandoned by the party she once loved. She was appalled when prominent Republican lawmakers from her home state, among them U.S. Sen. Ted Cruz and U.S. Rep. Louie Gohmert, spread the lie that the election was stolen.

Thanks to these lawmakers actions, Texas Republicans are in a critical juncture, Troye said, but not everyone agrees.

*

In the era of Trump, its no surprise that the Texas Republican Party flirted with the extreme right, which surged alongside the former presidents ascent to power. That dalliance escalated last summer, when the states GOP ousted incumbent chair James Dickey and brought on a newcomer to the state: former Florida Congressman Allen West.

Once a star in the Tea Party movement, West has racked up an impressive resume throughout his career in politics, which is now a little more than a decade long. Early on, the 60-year-old ultraconservative made a name for himself attacking political adversaries. He lashed out at former President Barack Obama, whom he called an abject failure and a low-level socialist agitator. In 2015, he described protests against Confederate monuments as a manufactured crisis. Later, he cheered on Trumps pick of Gen. James Mattis as defense secretary, sharing a Facebook meme that said the retired general would exterminate Muslims.

Allen West, the Texas GOP chair, is no fan of Gov. Greg Abbott, a fellow Republican.

Courtesy of Allen West

Once in Texas, West aimed his sights elsewhere. Last summer, he led the conservative charge against a fellow Republican, Gov. Greg Abbott, railing against the governors coronavirus safety restrictions. The move won him fans among the partys ultraconservative base.

Last October, The Texas Tribune reported that West joined other prominent figures, such as far-right conspiracy theorist and InfoWars founder Alex Jones, in protest outside the governors mansion. West demanded that Abbott reopen Texas 100%, even as COVID-19 cases continued to soar statewide and the bodies piled up. Outside the mansion, West spoke to some 200 demonstrators, most of them without masks. His rallying cry? Abbotts safety restrictions were hurting the states businesses,according to Fort Worth talk radio station WBAP.

West confronted Republican critics head-on that day. He told attendees that a county chair also questioned why hed spearhead the effort before voting began for the general election. "I told him that true leaders don't pick and choose when they do what is right," West said, according to The Tribune. "They do what is right all the time."

Wests crusade fueled speculation that he may try to unseat Abbott in 2022. If that happens, the states GOP will face a tough choice: Should it will align with the moderate conservatives in the state Legislature or with the so-called silent majority that helped to elect Trump in 2016?

Going up against Abbott is no small task. Even though West raised impressively for his 2020 chairmanship campaign nearly half a million dollars, according to The Texas Tribune Abbotts fundraising capacities are unmatched. According to Associated Press reports, the governor has secured more than $150 million during his six years in office, more than any other governor in American history.

*

A lifelong Republican, Troye grew up an only child in a middle-class Texas family. She identified with the partys small-government and strong-military platform, and her college thesis made the argument that the GOP was the pro-minority party of Abraham Lincoln. Later, Troye began working for the Republican National Committee in D.C.; as a Latina, she aimed to build coalitions and strengthen minority outreach.

Then, terrorists attacked the Pentagon on Sept. 11, 2001. On her way home from work that day, Troye recalls walking past the still-burning building. It made such an impression on her that she decided to become a career intelligence officer focused on national security issues.

Aside from her work in national security, Troye also served as an adviser on Pences COVID-19 task force. She left her position in August 2020 because of the way that the coronavirus had become politicized. It was frustrating to see the president actively work to discredit and undermine his own administrations health experts. The White House had become less concerned about protecting constituents from a deadly disease than retaining control in the November election, she said.

Because of how extreme Trump's rhetoric had become, Troye could see that the president was slowly radicalizing his base.

When Jan. 6 happened, I kept thinking, This is the culmination of four years of a Donald Trump presidency, she said. These are the moments that I worried about that would come to fruition in our country. And unfortunately, that moment did.

*

Last summer, it wasnt just Allen Wests head-to-head with Abbott that raised eyebrows about which way the Texas GOP was headed. In August, the party adopted a curious new slogan, one that quickly prompted backlash: We are the storm. Critics pointed to the similarity between the new slogan and a term affiliated with the pro-Trump QAnon conspiracy theory. According to Q lore, The Storm refers to a time when Trump would defeat a nefarious satanic cabal of Democratic pedophiles and return the country to greatness.

West didnt budge. The party kept the slogan, and the chairman has adamantly denied any affiliation with QAnon.

Meanwhile, old ideas gained new steam under West. Texas Republicans have kicked around the idea of secession for years, with diehard conservatives calling for a return to state independence. Now, another attempt to abandon the union is on the table again: A bill filed by Fredericksburg state Rep. Kyle Biedermann would allow Texas to opt out of the union through a referendum. Although West recoiled when asked if he supports secession, the chairman endorsed the proposal to break away. Ive said What would be wrong with allowing people to have a vote on the future of Texas? Thats all, he told the Observer.

Ive said What would be wrong with allowing people to have a vote on the future of Texas? Thats all." - Allen West, chairman of Texas GOP.

Nicknamed Texit, the push for secession has generated plenty of headlines, but its an oddball long shot at best, said Thomas Marshall, a political science professor at the University of Texas at Arlington. Long shot or not, parties boost their fundraising mechanisms when they embrace such ideologically extreme positions, Marshall said; politicians often strategically maintain a more radical stance than voters. In Republicans case, it helps to generate conservative grassroots approval, he said.

Professor Thomas Marshall said extremism in pursuit of Texas Republican votes is no vice but is a good ploy for raising money and profile.

Ashley Gongora

Theres no penalty for being flamboyantly out on the edge, Marshall told the Observer. Even floating issues which are so far out of the mainstream and so unimaginable to pull off that theyre just 72-hour news cycle events, but thats where money flows in from and thats where extremely conservative grassroots people sort of nod and say yes.

Those hardline ideas are making the rounds this legislative session as a swath of anti-abortion bills works its way through the chambers. Some seek to outlaw abortions, even though the U.S. Supreme Court affirmed a womans constitutional right to the procedure in 1973. Others would bar abortion after a heartbeat is detected. Filed by Royse City state Rep. Bryan Slaton, one bill would even make abortion a crime that could be punishable by death for women and physicians.

Another bill by state Rep. Justin Holland would turn Texas into a Second Amendment sanctuary state, preventing state agencies from enforcing new federal gun laws.

At the same time, the party has created an account on the far-right social networking site Gab. The Texas GOPs vice chair, Cat Parks, has joined Abbott in condemning the move, deepening the internal rift within the states party.

In a statement on March 9, Parks said she was concerned by the number of anti-Semitic comments she saw on the platform, and there should be no question about where the party stands on bigotry.

But the Republican Party of Texas official Twitter account said in a post that it wouldnt end any of its social media accounts. West had no response to the internal row over Gab, but he did say many Americans feel as though social media networks have censored them, and he calls that fascism. I would have never thought that in the 22 years that I served in the military that I would see fascism taking root here in the United States of America, he said.

Meanwhile, as many Republicans distanced themselves from Trump following the Capitol riot earlier this year, a portion of the GOPs base cried heresy. The discontent was so intense that some even founded their own splinter parties to honor the former president, such as the far-right MAGA Patriot Party, which launched in San Antonio in January. Although Trump has stayed onboard the Republican Party, many of his most loyal supporters have claimed theyll never vote Republican again, including some North Texans who have been charged by the U.S. Justice Department for allegedly participating in the Capitol riots.

New parties or not, dissident Trump supporters arent likely to do much damage to the GOP. Rather than siphoning voters from the Republicans, the MAGA Patriot Party and others like it will probably lose steam, said professor Matthew Eshbaugh-Soha, chair of the political science department at the University of North Texas. For instance, the populist Tea Party movement that birthed West first emerged in 2009 before fizzling out, but the Republican Party later absorbed its ideologies into its platform, he said.

Even something as shocking as the Jan. 6 insurrection might not stay on voters radars for long, he said. These things are really short-term in the minds of most voters, and they dont seem to have an enduring impact, Eshbaugh-Soha said. If it was going to be an enduring impact, we would have already seen Republicans significantly alter their approach to governance. And were not seeing that.

Then theres the question of leadership. On the national level, Trump is still the partys de facto leader, Marshall said. In fact, when right-wingers from around the country traveled to Florida for the annual Conservative Political Action Conference late last month, Sen. Ted Cruz said Trumpism aint goin nowhere. Trump later took the stage as the keynote speaker.

*

Some Democrats have boldly declared that Texas is now a battleground state. In Texas, Trump beat President Joe Biden by fewer than 6 percentage points during the 2020 election, a tighter margin than Trump won by in 2016.

In Austin, Abbotts likeability has also tanked in recent months over his handling of the coronavirus pandemic. Liberals decried his decision to end the mask mandate while the coronavirus continues to spread; conservatives, meanwhile, were upset that hed ever set any restrictions at all. That tension has manifested itself in a push in the Texas Legislature to limit the governors emergency powers, with Granbury state Sen. Brian Birdwell leading the charge.

As horrifying as the insurrection was, Eshbaugh-Soha expects that Republicans will find a way to rationalize it rather than supporting a party that has policies they dont agree with. A Jan. 6 YouGov poll even found that 45% of Republicans nationally approved of the storming of the Capitol building. No one event is going to undo an institution that has enormous relevance to voters, members, structures of the political process, Eshbaugh-Soha said.

Professor Matthew Eshbaugh-Soha says Republicans will have no problem getting over the Jan. 6 riot at the U.S. Capitol.

Courtesy of UNT

More than his policies, it was Trumps rhetoric that has repelled some, especially among suburban women and moderates, admitted Jason Vaughn, policy director for the Texas Young Republicans. At the same time, though, Vaughn insisted that Trump brought in swaths of working-class people and LGBT Republicans. The former president also helped the Republican Party make significant gains among Latino voters in counties along the Mexican border.

Trump mobilized some who had never been politically active before, Vaughn said; many flocked to Trump because they believed he would fight for them. And sometimes people want somebody to express and feel their anger more than they actually want something to be accomplished, he said.

But even as Allen West tries to drag the party further right and Democrats lash out at the governor over Februarys deadly winter storms and repealing the mask mandate, experts say Abbott has managed to keep himself safe from threats internal and external. Marshall said hes still the runaway favorite for 2022, and he sees no reason for the governor to be really worried by either West or the Democrats.

*

Olivia Troyes forecast isnt sunny. She sees the former president as a divisive figure, someone who has inflected a great deal of harm inside the Republican Party. To her, those still supporting Trump are saying theyre OK with the fact that he essentially conspired and incited and contributed to the insurrectionists murderous pursuit of his own vice president.

At some point, GOP lawmakers need to take a stand for whats right for the country, Troye said. Instead of worrying about their voter base, they should break away from Trumpism or else they risk destroying whats left of the Republican Party.

Youve already seen Texas voters starting to take a stand and not being OK with whats happening in the Republican Party and the things that are going on in the Texas party, especially, she said. And youve seen a growing movement of blue, I would say and rightly so.

After the insurrection, Troye cofounded the Republican Accountability Project, an anti-Trump political action committee that created a billboard campaign encouraging Cruz and others to resign. Cruz and Gohmert readily volunteered as enablers of the president, Troye said, and their willingness to spread lies about election fraud helped pave the way for what happened on Jan. 6. Voters need to be reminded of their actions leading up to the next election, she said.

The Republican Accountability Project also supports individuals they view as principled Republicans, people who took a stand against Trump following the insurrection, Troye said. In that vein, the group has created signs thanking conservatives who voted for impeachment. Moderate Republicans need to band together and vote against MAGA candidates, she argued. We have a short-term memory sometimes as voters but we want to make sure that people dont forget. And that they deserve better, Troye said.

I may be a lifelong Republican, she continued, but if theres a principled person who is running to do whats right for the country, thats who Im going to back. And I think that youre going to see that across Texas.

Keep the Dallas Observer Free... Since we started the Dallas Observer, it has been defined as the free, independent voice of Dallas, and we would like to keep it that way. Offering our readers free access to incisive coverage of local news, food and culture. Producing stories on everything from political scandals to the hottest new bands, with gutsy reporting, stylish writing, and staffers who've won everything from the Society of Professional Journalists' Sigma Delta Chi feature-writing award to the Casey Medal for Meritorious Journalism. But with local journalism's existence under siege and advertising revenue setbacks having a larger impact, it is important now more than ever for us to rally support behind funding our local journalism. You can help by participating in our "I Support" membership program, allowing us to keep covering Dallas with no paywalls.

Simone Carter, a staff news reporter at the Dallas Observer, graduated from the University of North Texas' Mayborn School of Journalism. Her favorite color is red, but she digs Miles Davis' Kind of Blue.

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Trump's Gone, but the Texas GOP Keeps Drifting Rightward - Dallas Observer

Arbitration. Enforcement of Award. Foreign Sovereign Immunities Act. Personal Jurisdiction. District court refuses to enforce $20 million award…

UAB Skyroad Leasing v. OJSC Tajik Air, No. 20-cv-00763 (D.D.C. Jan. 26, 2021) [click for opinion]

Petitioner UAB Skyroad Leasing ("Skyroad") brought an arbitration against Respondent OJSC Tajik Air ("Tajik Air"), before the Vilnius Court of Commercial Arbitration in Vilnius, Lithuania, for violating an agreement to lease two Boeing aircraft. In 2018, a $20 million award was issued in favor of Skyroad. It brought this action to enforce the award.

Tajik Air argued that the petition should be dismissed because the court lacked personal jurisdiction over it. Specifically, Tajik Air argued that it did not have sufficient minimum contacts with the United States for the court to exercise personal jurisdiction consistent with the Due Process Clause of the Fifth Amendment. Skyroad argued in response that a minimum contacts analysis was not required because Tajik Air qualified as a foreign state under the Foreign Sovereign Immunities Act (the "FSIA"); therefore, Tajik Air had no Fifth Amendment due process rights. Skyroad's argument was based on the fact that Tajik Air was incorporated under the laws of Tajikistan and fully owned by the state.

Because Skyroad conceded that Tajik Air lacked sufficient minimum contacts with the United States to satisfy the Due Process Clause, the court only addressed whether Tajik Air qualified as a foreign state. The court noted that, underSection 1330(b)of the FSIA, personal jurisdiction over a foreign state exists as to every claim for relief over which the district court has subject matter jurisdiction. However, the court explained that this only applies to "an actual foreign government."

When a case involves an "agency or instrumentality" of a foreign sovereign, the court affords the instrumentality a "presumption of separateness" from the foreign sovereign. For purposes of personal jurisdiction, that presumption means that, unless rebutted, the instrumentality is entitled to due process protection under the Fifth Amendment. And such protection means that, unless the instrumentality has sufficient minimum contacts with the United States, the court lacks personal jurisdiction over it.

Skyroad's case thus rested on rebutting this presumption of separateness. Skyroad asserted that Tajikistan maintained such extensive control over Tajik Air that the company lacked a distinct identity. Skyroad argued that this lack of a distinct identity was clearly shown through (i) Tajikistan's owning 100% of Tajik Air's voting shares, (ii) the government's making decisions on disbursements and appointment of the company's Director General, the Supervisory Board including senior government officials, and (iii) the government's funding Tajik Air, and the reducing of Tajik Air's debts through tax offsets.

The court rejected most of these arguments, stating that the facts presented "are relevant but as a matter of law do not by themselves establish the required control" and "such government action to prop up a wholly owned instrumentality's financial position is not at all unusual, however, and does not constitute excessive control by the state."Further, the court identified features of Tajik Air that "are the hallmark of separateness from a sovereign". First, Tajik Air was restructured from a state enterprise to an open joint stock company by government resolution in 2009. Second, Tajik Air is "authorized to open bank accounts, operate on an independent balance sheet, and may acquire and exercise its proprietary rights and personal non-property rights, incur obligations and litigate."

Under these circumstances, the court ruled that Skyroad did not sufficiently rebut the presumption of separateness; therefore, the court deemed Tajik Air a "person" for Fifth Amendment due process purposes. Because Skyroad conceded that Tajik Air lacked sufficient minimum contacts with the United States, the court concluded that it lacked personal jurisdiction over Tajik Air and could not enforce the $20 million award against the company.

Will Shields of the Washington, DC office contributed to this summary.

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Arbitration. Enforcement of Award. Foreign Sovereign Immunities Act. Personal Jurisdiction. District court refuses to enforce $20 million award...

Separation of judiciary still elusive – newagebd.net

The separation of the judiciary from other organs of the state remains elusive even after 50 years of Bangladeshs independence as successive governments have amended the constitution to control the judiciary.

Legal experts said that Article 96 of the constitution on the removal of Supreme Court judges for misbehaviour or incapacity was amended on eight occasions between January 1975 and September 2014 while Article 116 on the control and discipline of the lower judiciary was amended on three occasions in 1975, 1979 and 2011.

It is painful that we are deprived of getting full independence of the judiciary from the executive, even though the establishment of an independent judiciary was one of the core objectives of our 1972 constitution, Dhaka University law professor Md Mizanur Rahman told New Age.

Although the law ministry is consulting with the Supreme Court to deal with administrative affairs in the subordinate judiciary, questions can be raised on how much the consultation is effective, he added.

He said that it is not a good sign for a democracy and such deviations bring no blessings for a country and a nation. When the judiciary is kept under the executive, democracy the first casualty, he pointed out.

The power to remove SC judges was vested in the president through the parliament in 1972, then in January 1975, through the Fourth Amendment to the constitution, the president became the sole arbiter.

Later in 1977, the president and the chief martial law administrator were authorised to exercise the power through the chief justice-led Supreme Judicial Council and the system of Supreme Judicial Council was ratified by the fifth amendment to the constitution in 1979, and the power was again vested in the chief martial law administrator in 1983.

All the martial law proclamations, including the Supreme Judicial Council of the fifth amendment, were revived through martial law proclamation in 1986 with the power vested in the chief martial law administrator.

All the martial law proclamations were declared unconstitutional by the High Court on August 29, 2005 in a Bangladesh Italian Marble Works Ltd case, but the Appellate Division in February 2010 retained the Supreme Judicial Council until December 31, 2012 with the observation that the parliament would make necessary amendment to the constitution regarding issues related to the Article 96.

On June 30, 2011, the parliament upheld the Supreme Judicial Council by amending the constitution through the 15th amendment.

In 2014, the government through the 16th amendment vested the power again in the parliament but the High Court on May 5, 2016 declared 16th amendment unconstitutional and restored the Supreme Judicial Council and the Appellate Division to upheld the HC verdict on July 3, 2017.

Jurist Shahdeen Malik told New Age that though the government has yet to amend the constitution to restore the Supreme Judicial Council on the ground that its appeal against the Supreme Courts ruling awaits a hearing, the online version of the constitution incorporated the parliaments authority to remove SC judges.

He said that the separation of the lower judiciary from the law ministry on November 1, 2007 remained on paper because the ministry continued influencing the subordinate judiciary.

He said that the process of recruitments of SC judges was not transparent and partisanship became the norm since early 2000 as no law has been framed yet to set up the qualifications of the judges as per Article 95 of the constitution.

Consequently, there are always some doubts in independent functioning of the higher judiciary, he said.

There is dual control of subordinate judges by the law ministry and the Supreme Court, said Shahdeen, who also added that the law ministry should not have any control over the judiciary as per the constitution.

Although the judiciary has been developed on paper, the independence of the judiciary could not be achieved in reality, SC lawyer and right activist Md Asaduzzaman said.

He said that the judiciary became relatively weaker and more affected since former chief justice Surendra Kumar Sinha was removed as it is him who penned the 16th amendment verdict in 2017.

Judges have been appointed on the political choice of the governments in absence of any law or rules and this is why the higher judiciary has become questionable sometimes, he said.

Asaduzzaman said that the partisan judgements on this occasion come from the judges.

He said that the government wanted to control the judges without making any law for setting out qualifications for Supreme Court judges.

The Appellate Division in the 16th amendment case also restored Articles 115 and 116 from the 1972 constitution.

The governments petition seeking a review of the 16th amendment verdict still awaits a hearing.

The authority of control and discipline of judges and magistrates shall vest in the Supreme Court as per Article 116 of the 1972 constitution.

The Supreme Court lost the authority as the government vested the authority in the president amending the constitution through the fourth amendment.

The Supreme Court lost its authority over lower court judges after the Appellate Division upheld the High Courts verdict that had declared the fifth amendment unconstitutional.

On June 30, 2011, the government restored the fifth amendment provision relating to Article 115 and 116 paying no heed to the Appellate Divisions observation in its verdict on the fifth amendment to reinstate original Articles 115 and 116.

Article 115(1) of the 1972 constitution empowered the president to appoint district judges on the recommendations of the Supreme Court and other persons after consultation of the Public Service Commission and the Supreme Court.

The Supreme Court also lost the authority to appoint district judges and magistrates as the government through the fourth amendment empowered the president to exercise the power in accordance with rules made by him.

The president still retained the power.

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Separation of judiciary still elusive - newagebd.net