Two reports: First one from Farhan.
Just before going into recess (1 pm BST) the Supreme Court bench
hearing the Writ against the President / CTG Chief said “we are
inclined to give a ruling after recess”. At 2pm after recess they
said that the Chief Justice had “withdrawn their jurisdiction” and
hence they are could not issue a ruling.
In lay man’s terms before lunch the Judges hearing the case said that
they will give a ruling. But after lunch they came back saying that
the Chief Justice has suspended their power to make any ruling. The
Attorney General had made a plea to the Chief Justice to do this.
Chaos prevails in the area with many prominent pro BNP lawyers
(including the ex- Law and Parliamentary Affairs Minister) had to
flee the scene. Chief Justices office and residence has been attacked
as was that of the AG.
Things are grave indeed.
2nd one from Moin Ghani, a lawyer present on the scene.
A Sad Day for the Judiciary of Bangladesh
The High Court Division of Bangladesh was scheduled to pass a Rule on the President of Bangladesh to show cause why his assumption of office of the Chief Advisor of Bangladesh should not be declared to be illegal and unlawful. The Court had mentioned yesterday that the order will be passed today, without disclosing what the order would be.
In the morning the Attorney General of Bangladesh (”AG”) appeared in court and made an application for the matter to be sent to a larger bench of the High Court. Dr. Kamal Hossain argued that on principle a writ motion hearing is conducted ex parte and the full hearing can be held after the issuance of the Rule. The issuance of the Rule will allow both parties to place their arguments in detail. The Hon’ble Judge Court had informed the open court that the Court was minded to issue a Rule on the President.
At this point the Attorney General informed the court that there is precedence for constitution of a larger Bench. At about 12:30 the AG informed the Court that he was going to come back at 2:00 after the lunch recess and show the Court a previous judgment of the Appellate Division which was relevant for this present case. He urged the Court not to pass any order before that.
At 1:00 the Court was adjourned for lunch and the matter was to be taken up again at 2:00 for passing of the order. During the lunch break the Attorney General was seen, accompanied with a few lawyers (who are former BNP Ministers and Members of Parliament), to enter the Chief Justice’s chamber.
The AG returned to the court at 2:00 and produced a letter signed by the Chief Justice which purportedly revoked the powers of the High Court Division Bench currently hearing the petitions. Upon receipt of this letter the Justices left the Court. Immediately after the Bench was dissolved the former Law Minister Moudud Ahmed was seen in open Court gesturing at Dr.
Hossain that he was going to be beheaded. The conducting lawyers of the petition (Dr. Kamal Hossain, Mr. Amirul Islam, and Mr. Rokonuddin Mahmud) immediately went to the Chief Justice’s Chamber to find out that he had fled the Supreme Court premises.
On hearing that the powers of the High Court Bench had been mysteriously and illegally revoked and that the Chief Justice had fled the Supreme Court premises, the lawyers and other members of the Bangladesh Bar started protesting.
Dr. Kamal Hossain later spoke to other judges of the Appellate Division of the Supreme Court and was informed that the decision to revoke the powers of the High Court to hear the writ petition was taken by unilaterally by the Chief Justice. The Appellate Division is a seven member Bench and the Chief Justice presides over the Bench.
It may be mentioned that this kind of action by the Chief Justice is not only unprecedented but against the Constitution and in violation of the High Court Rules of Bangladesh. The Chief Justice has no powers to summarily revoke or stay the powers of any High Court Bench in the middle of a hearing, when the Order is just about to be delivered. This was done with the mala fide intentions of subverting justice.
The Chief Justice has no powers to prevent a High Court Bench from exercising its jurisdiction. It is blatant that the Chief Justice was working on the instructions of the Attorney General which is never a scheme envisaged in the Constitution.
It is a sad day for the Judiciary of Bangladesh. The rule of law has been undermined.
November 30th, 2006 at 8:28 am
Would have been very interesting to have been there and observed dr kamal in person doing his thing, keeping cool (did he?).
any chance of a full transcript? mainly because there is so much interpretation going on. esp the moudood ahmed gesture.
The legal professionals and judge types in generally make me depressed.
what does ‘fled’ mean?
November 30th, 2006 at 8:34 am
Absolutely no law. No order. What is left there?
November 30th, 2006 at 8:36 am
Can Farhan or Moin Ghani confirm the following:
Apparently after Moudud’s gesture several lawyers tried to physically assault him. Ironically, it was Rokunnudin Mahmud who saved Moudud from being lynched by the mob.
November 30th, 2006 at 9:04 am
What is a “Mob” in a court hearing in Supreme Court? Who are these “mob”?
I just saw TV news, that CJ, AGs room are being ransacked, penal code books are scattered around in the ground, EX BNP minister Barrister Shahkahan Omar Bir Pratik’s car being burnt. Also heard in TV news that Moudud being chased away from the court area.
Surprisingly all these were absent from Moin Ghani’s take on todays event!!!
Isn’t a court the place to uphold the law of the land? If we keep on flexing muscle if any proceeding/verdict does not come our way, what we have in future?
November 30th, 2006 at 9:15 am
Fugstar: “Fled” means in the case of Barrister Moudud, I am told, was to physically run for cover. In case of the Chief Justice going home at 1:30 without finishing office. And in the case of people of Bangladesh that is what we might have to do.
Kaiser Bhai: Confirmed by two eye witnessess at the venue.
ZaFa: Faith in the all mighty (and I am not particulary a religious person)
November 30th, 2006 at 9:15 am
Can there come a point where the words “tragic” and “tragedy” become cliched through overuse?
November 30th, 2006 at 9:26 am
You are absolutely right Rumi! All those things did happen as you mentioned. (and if you see the TV clips, many of the Mob did not look like lawyers)
What is the end result of all this? No one is above question. Not the President, not the Election commission, not the judiciary, not political parties.
So what are we to do? Sit back and hope that we have enough fuel in our SUVs to wait out the next few days, or do we ask the questions and say enough is enough no one is representing me. It is time we take back bangladesh!
(sorry for the blatant plug!)
November 30th, 2006 at 9:31 am
First they came for the Jews
and I did not speak out
because I was not a Jew.
Then they came for the Communists
and I did not speak out
because I was not a Communist.
Then they came for the trade unionists
and I did not speak out
because I was not a trade unionist.
Then they came for me
and there was no one left
to speak out for me.
November 30th, 2006 at 9:45 am
The loutish behaviour is an embarassment to the 14 party coalition.
The complete politicisation of the judiciary is also shameful.
No doubt either side will try to highlight the other side’s bad form, without commenting on their own reprehensiveness.
November 30th, 2006 at 9:59 am
“I hate purity
Hate goodness
I dont want virtue to exist anywhere
I want everyone corrupt”
- Faster, Manic Street Preachers.
In life i find that people show their quality at times of crisis.
This display of mutual barbarity by the legal professionals is sick, they should be disbarred. I hope that Prof Iajudin or Dr Yunus suggest this in their next ’school assembly’.
These episodes are just exemplary of the entire social system operating in Bangladesh. Why would the legal professionals have any more sense than a bunch of poor people lynching a driver after he ran over their pal?
Maybe this HAD to happen for the communities realisation of how out of the box their efforts have to be.
Talking about faith.
Do not lose heart, nor fall in despair, for you shall gain the upper hand if you are indeed true in faith.
Quran 3:139
November 30th, 2006 at 10:19 am
It was interesting to see how the court area where people go for justice was turned into unjustified action for violence:PROTEST/DEMOS are RIGHTS but burning car which was shown step by step first breaking glass then sutting the fire and putting in nespapers to inlfame it further–though these wernt people wearing the balch dress as the Lawyers/advocates etc one cant be sure–again politicalization of justice means Goondas of the party that folow the Lawyers that support the party are in action on their signal—whatever the caues –the actions are very frightening and sad– such doesnt blow good tidings– ROGHTS cannot be obtained by Violent actions– or else the Acid thrower can justify that he has right to throw acid to get a YES answer from the girl who refuse to agree to marry the horrible guy.–
SO all these violence is proof that its time we all think how to bring in the two NETRIs to TALK N GET THROUGH to make an atmosphere for ELECTIONM and voter list –even if 50%(as 100% will never happen) of the Voter List is corrected and this can be done–they must gop for election–infact in the districts already the would be candidates are gearing up as is shown on TV cover staories.
Lets pray for wisdom to prevail all over –if not; bad days are staring in the face of all.
November 30th, 2006 at 10:35 am
This is the latest and most naked incident of the chief justice’s total subservience to the bnp lawyer’s cabal, and the most transparent
manifestation otf his complete lack of independence. also a demonstration of the bnp’s desperation to ensure that not a single
legal step, be it however minute, should be seeen to be taken against them.
the only news story i’ve seen so far is bdnews24 which descirbes this as ‘cjs intervention sparks lawyers vandalism’ as i hope is clear from the story by my colleague moin ghan, barrister,
who was an eyewitness to these events, this is quite a peculiar spin on the story a s it was hardly merely ‘intervention’- it is entirely
unprecedented to take away a court’s powers to hear a matter as it is about to conclude and merely because the party likely to received
the adverse order insists on it. it amounts to a gross interference with justice. we should ask now for real action against this cj- as
i said at the outset it is not the first time but the most recent and worst, that he has.
November 30th, 2006 at 10:42 am
Logi-Boitha, Jalao-porao, Vandalism all invaded even in the court building.
What we can do! all blues!blues!blues!
No more bright or pink we can wait for!
It’s all due to the so best model of democracy, very highly spoken of Care-taker system. Now all the Judges petty to prime dream of care-taker head, head of a country even for 3 months, live in exhaltation and with that end they start to mould themselves pushing behind their responsibility of upholding justic and truth.
Thanks.
November 30th, 2006 at 10:48 am
I used to think that since most of the people in Bangladesh are poor and live in poverty, so they become violent. Now this accident has proved me wrong. This educated people used violance and vandalism as their weapons to show their disagreement.
I used to think that education will change the behavior of people, but this is not true for Bangladesh. Too much hatred between people and parties in Bangladesh and it is fueling the current situation worst.
If some one is not agreed with the verdict, he/she should follow other non-violent approch to show his/her dispproval.
Best wishes,
M. M. Chowdhury
www,amreteckpharma.com
November 30th, 2006 at 11:01 am
Acually I am surpised what’s going on in Banladesh. In fct supreme court was the only place of the Justice. we have nothing left after this incident. Actually Seating at Singapore I understand the condition of the country. But It is even shame full when we hear the formula of
Great Prof Yunus to frm the Gov’t. Actually
Bangladesh is going to be a Jungle very soon.
November 30th, 2006 at 11:27 am
OK, so let’s summarize what we have:
1. We have a party henchman (aka the president)who manages to appoint himself the CA.
2. We have a self-appointed CEC.
3. We have a proactive Chief Justice who decides to pre-empt a lower court’s decision.
4. We have a election schedule that is going to be based on faulty election rolls.
I get it, we ARE living in a “mogger mulluk”
November 30th, 2006 at 11:41 am
The CJ may be wrong in his actions. But the language of protest should not be vandalism, specially by lawyers and their goons in a court building. When a lawyer act like a common criminal, he/she should be treated like a common criminal.
November 30th, 2006 at 11:42 am
“I used to think that education will change the behavior of people, but this is not true for Bangladesh. Too much hatred between people and parties in Bangladesh and it is fueling the current situation worst.”
I think Education is a great part of the solution, but not in the sense we have it in our systems. In our tradition knowing right from wrong isnt enough, its about doing right and preventing wrong.
Enlightened souls and minds, thats what its about, its not visible through development indices, but through the characters and knowledges products we produce.
Educational activity is not frustrating, like perhaps HR type stuff is.
November 30th, 2006 at 11:50 am
While the violence is deplorable, let’s not lose sight of the big picture guys. Our last bastion of hope, the higher judiciary, passed away today. May it Rest in Peace.
November 30th, 2006 at 12:03 pm
Why did CJ fled unless he did something wrong? Why did not he had the guts to face both the parties? Crossfire was justified by some because the criminals were getting bails from courts too often. I can’t see any professional group in any better light.
This whole society is so polarized. What’s next? Civil war?
Why do we blame politicians, Khaleda-Hasina in particular? They are at the peak of two distant piramids raised by us. The cannot reach one another, they are far away. The cannot shake hands, they are standing far away. They are standing far away because of the polarization of the whole society. Specially, the ones eating the creame.
Is there a uniter left?
November 30th, 2006 at 12:30 pm
Please folks.
Lets not be so hopeless and so judgemental so quickly and even without looking at the broader picture and the ramifications.
Our higher court system has so far worked independently and free of political bias and intimidation.
I do not understand legal proceedings at all. But our good friend Barrister Sara has spoken out and so did good lawyer Barrister Moin Ghani. Thier explanation gives us a first hand glimps of what supreme court bar association and lawyers of the 14 pary had to say.
On the other hand Barrister Moudud Ahmed made their case stating precedence of Proshika’s Kazi Faruq case when CJ did similar intervention just before the verdict was to be declared. If I undrstood what Moudud et el meants, CJ’s point was to have this issue of extreme national importance and stability in front of a full supreme court bench rather than by a bench of two judges. As a layman, this move makes sense to me. Please correct me if I am wrong.
So again, please, before passing sweeping verdicts, I’ll like to hear from lawyers representing both sides. :).
November 30th, 2006 at 12:55 pm
Hear from lawyers?????????
I think we should stay as far away possible from all these so called learned men and women. CJ is not an individual. Like the court, CJ is an institution. Besides, courts are the place where civilized people go to solve their dispute in a civilized way. Lawyers are supposed to maintain this civility. Instead what we have seen today is a disgrace. I even heard one of them shout “I’m a lawyer” when the police were trying to vacate the court premises. In my mind, that person lost his privilage as a lawyer the minute he participated in vandalism. Like wise, all others who wore black coats like lawyers and took part in throughing law books and breaking the doors and furniture in CJs courtroom also lost their privilage as lawyers and barristers. All these people should be held accountable for their actions today. After that, they can claim if the CJ had done anything wrong and we can have a civilized debate/discussion about that.
November 30th, 2006 at 1:37 pm
Answers to the most of the queries hitherto raised can be found here:
http://www.thedailystar.net/2006/12/01/d6120101011.htm
November 30th, 2006 at 3:23 pm
Mr Sensible. what do u mean by the black coat? You may be a lawyer but You should have this idea at least during the period of Judgment Chief Justice should not Interfere on the concern of Attorney General.
How can constitutional Hacker Moudud Ahmed
is backing up Attorney general in the court?
Is he shadow AJ? or He is the senior Lawyer of Gov’t. and Don’t forget AJ and CJ is institution as well. and Chair of Justice of High court is an institute. I am not lawyer but I my self is from lawyer’s family.
JUST REMEMBER people’s reaction was not against Reaction was made against judgments
controversial Rule of an incompetent Chief Justice and partisan Attorney general. Neither of Lawyer is involved in violence. But we people Never gave mended to any president, chief justice or Attorney General to play with our Supreme Court,.
I think to support such activities of the name of Impartiality is an moral offence.
November 30th, 2006 at 4:08 pm
What happened in the High Court yesterday is an insult to the state and its citizens; such vandalism not only did not ever take place in the history of Bangladesh, but also anywhere in the subcontinent. My fear this is only making those terrorists (like Abdur Rahman, Bangle Vai) and their followers happy who doesn’t believe in Law and Order system of the country.
November 30th, 2006 at 4:23 pm
“…the former Law Minister Moudud Ahmed was seen in open Court gesturing at Dr. Hossain that he was going to be beheaded.”
This is the essence of the situation at hand. How do you expect any rational formula, constitutional or not, to be of any use? This is the same law minister who was convicted (not just accused) of corruption. The same *** who said no Human Rights were violated when RAB killed suspects in “crossfires”–nay, “encounters”. Wonder what Dr. Hossain’s reactions might be, being one of the authors of what was once a great Constitution!
November 30th, 2006 at 7:16 pm
I’m not sorry that I don’t have so much respect for those lawyers who behaves like street vandals and those who tries to explain the constitution with an ulterior motive in mind or with a political motive behind those explanation. If you have my post carefully, you’d notice that I never supported Moudud or CJ’s actions. All I wanted to say is that those people acted as street activists, not as a lawyer. If they had honest respect for law and the constitution, then they would have behaved in a more civilized way. I hope you agree that courts are the place to argue your points with civility.
I don’t know what TV channel you have been watching. Because the channels I watched showed a number of people dressed like lawyers taking part in the vandalism in high court today. Now if you want to say that those were is a “dress like a lawyer” contest, I have nothing else to say to you. I guess people of Bangladesh will make their own judgement.
November 30th, 2006 at 7:31 pm
It was reported that the bench was supposed to serve a show cause notice to the President. Practically speaking, my lawyer friends may correct me, it was a very preliminery stage of the proceeing. The case was anticipated go a long way anyway. So BNP supported lawyers didn’t have to be so eager to stop it by hook or by crook.
On the other hand all the progressive people should protest today’s vandalism. I feel that those who are not protesting are kind of thinking ” In the face of all these crimes and atrocities by BNP, what else they could do. Well done boys. Keep up the good job.”
I am sad to say that this sort of thinking will not take us anywhere better. ‘If you believe in an eye for an eye, soon the world will be blind.’
This also reported that the lawyers beat up journalists from NTV, Boishakhi TV and snached the tape from chennel 1 crew. These actions by respected professionals are deplorable.
November 30th, 2006 at 10:24 pm
I see, we all lost the sanity and rationality.
All the politicians and their supporters lack farsightedness. That’s why nation is befallen with one big problem after onother.
What we earned from compelling KM Hasan get embarrased! Instead KM Aziz we have now Iajudddn all in one. It’s far worse than what was expected by the fighting parties.
Again we witnessed the movement to oust Aziz. He is gone at least till the election. But what the fighting alliance capitalized out of Aziz temporary hibernation. Anything better or worse? I believe it is worse, otherwise the street movement would have stopped by now.
Now the movement moved to the court. Another rowdy day and vandalism and musclemanship display. Even if the verdict had come in favor of the writ pettioners what would have happpened. Anything better, I don’t think so. Probably the worst. Because, if court had ordered President Iajuddin to relinguish his job as CA, what might have ended up?
Perhaps, he, most likely out of extreme pressures from all sides, resigned from even presidential post. Then naturally, Jamiruddin Sirkar who is ready all the time, would have had the helm and had reshuffled everything, again not in favor of 14-party alliance.
All these movements acted as boomerang and resulted nothing positives but people sufferings. That’s why the great man DMY solicited to stop all these street programs and settle down to new a proposed iterim solution.
Now, I believe the ball is on the 14-party alliance’s court. They can play it for election or pave the way for military or okay the DMY’s proposal. I don’t see no way out other than these three options.
Thanks.
December 1st, 2006 at 2:20 am
well friends this is the question of Honesty and sanity. This is not the question of AL and BNP.
My Point is that almost every day BNP
leaders are giving stupid explanation of the constitutions to establish their all sorts of crime and dishonesty.
Bangladesh is treated as such country where Home secretary Called up Army with out knowledge of Heads of the state.
Bangladesh is the country where Chief Election commissioner denies the Verdict of the court and becoming the so called survivor of the constitution.
Bangladesh is the place where chief Justice
is interfering on the judgment of the Justice . If Chief Justice needs to come where is the value of appealed Division.
Bangladesh is the place where Attorney General is surrounded by the Heard core Political leaders and have audacity to dictate the Justice for verdict.
If institutions are getting corrupt like that what will be the future and are you going to still compare what Al did d 96 and what BNP will do.
I am asking very polity If Al did such activities what BNP is doing today what will be the reaction of Our Pof Yunus today.
I want to say some thing. I am an ant compare to Prof Yunus. He might get a Nobel price for Peace in Bangladesh. But Prof Yunus is not the first person who has got The Nobel Price. Unfortunately Aryan Sharon was also one of them for same department. So It is not necessary that what he will tell is going to be contestant truth. where is his spirit against the politicization of institutions. Basically we all members will write. Guys like Prof Yunus will build Grameen Emperor and will easily speak about the political prescription for the peace. But If people were seating with so called Impartiality for so called Peace, we are not so far of Destruction.
December 2nd, 2006 at 5:21 pm
পઝধান িবচারপিতর িসਤাੰ੪
এই એઐিগতােদশ এখিতয়ারবিহভકગত ও োবঅাইিন
িবচারপিত োমাহামઅদ োগালাম রাবਸ਼ানী
িতনিট িরট িপিটশেনর ੂনািন োশেষ হাইেকাটગ িবভােগর একিট ৌਦত িরট োবਗ যখন অােদশ োদেবন, তখন এই সંাভািবক পઝিਠઙয়া পઝধান িবচারপিত એઐিগত কেরন৷ বਗ਼ল অােলািচত এই িতনিট িরট িপিটশেনর িবষয়বએ੫ হে੧ছ−রাੈચপিত কতৄગক পઝধান উপেদੈার পদ গઝহণ িকংবা এ-সংਠઙাੰ੪ অনઘানઘ পদেਉপ িকংবা িনবગাচনী তফিসল োঘাষণা ৌবধ িক না৷ অামরা জািন না ওই িরট োবেਗর িবচারপিতਦয় িরট িপিটশনਊেলায় অােদৗ রઔল ইসઓઘ িকংবা তা সরাসির খািরজ করেতন িক না৷ এর োযেকােনা একিট করা তঁােদর সাংিবধািনক এখিতয়ার িছল৷ বাংলােদশ সংিবধােনর ১০৭ অনઓে੧ছেদর ৩ উপ-অনઓে੧ছেদ বলা হেয়েছ োয, োকান িবচারকেক িনেয় হাইেকাটગ িবভােগর োকান োবਗ গিঠত হেব এবং োকান োকান িবচারক োকান উেਣেশઘ ওই োবেਗ িবচারকাজ পিরচালনা করেবন োসটা পઝধান িবচারপিত িনধગারণ করেবন এবং সংিবধােন এর অিতিরਡઙ োকােনা ਉমতা পઝধান িবচারপিতেক োদওয়া হয়িন োয, িতিন ੂনািনকােল হাইেকাটગ িবভােগর িবচারকাজ એઐিগত করেত পারেবন৷ তেব এটা সিঠক োয হাইেকাটગ িবভােগর োকােনা োমাকਣমা ੂনািনকােল পઝধান িবচারপিত ওই োবਗ োভেঙ িদেত পােরন িকংবা তােদর ੂনািনর এখিতয়ার পিরবতગন করেত পােরন৷ োস োਉেਠ ওই োবਗ োযেকােনা একিট অােদশ িদেত পােরন−
১় তঁারা বলেত পােরন োয অাংিশক শઝઔত োমাকਣমািট অাংিশক শઝઔত বেল গণઘ হেব না, অথગাਅ এর ফেল অনઘ একিট োবਗ ওই োমাকਣমািট নতઓন কের ੂনািন করেত পারেবন৷
অথবা,
২় তঁােদর এখিতয়ার পিরবতગন করা সেਡંও িকংবা োবਗ োভেঙ োদওয়া সেਡંও তঁারা কাযગিদবেসর িনিদગੈ িদেন ওই অাংিশক শઝઔত োমাকਣমািটর ੂনািন োশষ কের িদেত পােরন৷ একটা উদাহরণ োদওয়া যায়−জনতা টাওয়ার মামলার শািએ੪র িবরઔেਤ ਗ਼েসইন মઓহমઅদ এরশােদর োফৗজদাির অািপল োয োবেਗ ੂনািন হি੧ছল, তার োজઘੋ িবচারপিত িছলাম অািম৷ ੂনািন চলাকােল অামােদর োবਗিট পઝধান িবচারপিত োভেঙ োদন৷ ੂধઓ তা-ই নয়, অামােক একিট োদওয়ািন ৌਦত োবেਗর োজઘੋ িবচারপিত করা হয় এবং অােগর োফৗজদাির োবেਗ অামার জઓিনয়র িবচারপিতেক একিট একক োবেਗর দািয়তં োদওয়া হয়৷ এবং অামার োজઘੋতায় নতઓন োদওয়ািন ৌਦত োবেਗর জনઘ একজন সদઘ িনেয়াগপઝাਮ িবচারপিতেক োদওয়া হয়৷ এমতাবએઐায়, ওই োফৗজদাির অািপলিট অাংিশক শઝઔত বেল গণઘ হেব না−এই অােদশিট না িদেয় সਮােহর কাযગিদবেসর োশষ দઓই িদন অামরা োভেঙ যাওয়া োফৗজদাির ৌਦত োবਗ গঠন কের অািপেলর ੂনািন োশষ কির এবং অািপলিট খািরজ কের রায় িদই৷
অઘাটিনગ োজনােরল োয বਡઙবઘ িদেয়েছন তােত জানা যায়, পઝধান িবচারপিত ওই অােলািচত িরট িতনিটর কাযગকািরতা એઐিগত কেরেছন এই অজઓহােত োয, একিট পূণગাਔ োবਗ কতৄગক িতিন অােলািচত িরট িতনিটর িনઊপিਡ চান৷ পઝধান িবচারপিতর এই অােদশিট সઃপકণગ অাইন ও িবিধবিহভકગত৷ বাংলােদেশর সংিবধােনর ১১১ অনઓে੧ছেদ বলা হেয়েছ, সઓিপઝম োকােটગর োযেকােনা িবভাগ কতৄગক োঘািষত অাইন অধએ੪ন সব অাদালেতর জনઘ অবশઘই পালনীয় হেব এবং এ কারেণ হাইেকাটગ িবভােগর োকােনা ৌਦত োবਗ অােগ োদওয়া অনઘ ৌਦত োবেਗর িসਤাੰ੪ উেপਉা করেত পােরন না৷ োকােনা োমাকਣমার ੂনািনকােল যিদ োদখা যায় োকােনা িবচাযગ অাইিন িবষেয় ইিতপূেবગ হাইেকাটગ িবভােগর োকােনা ৌਦত োবਗ িসਤাੰ੪ িদেয়েছন, োস অনઓযায়ী রায় িদেত হেব৷ যিদ এই ৌਦত োবেਗর িবচারপিতরা অােগর োদওয়া রােয়র পઝিত িਦমত োপাষণ কেরন, োস োਉেਠ তঁারা িতন বা তেতািধক িবচারপিতর সমনੴেয় একিট পূণગাਔ োবਗ গঠন কের িবষয়িট িনઊপিਡর জনઘ পઝধান িবচারপিতেক অনઓেরাধ করেত পােরন৷ অথবা োকােনা োমাকਣমা ੂনািনকােল োকােনা িবচাযગ অাইিন িবষেয় যিদ ৌਦত োবেਗর িবচারপিতਦয় িਦমত োপাষণ কেরন, োস োਉেਠও তঁারা পઝধান িবচারপিতেক পূণગাਔ পઘােনল গঠন করার জনઘ অনઓেরাধ করেত পােরন৷
এই দઓিট পਤিত হাইেকাটગ িবভােগর রઔল্স অઘাਫ অডગাের বলা অােছ৷ উেলઇখઘ, োকবল চકড়াੰ੪ ੂনািনকােলই পূণગাਔ োবਗ গঠেনর অনઓেরাধ করা োযেত পাের৷ বতગমান োਉেਠ অােলািচত িতনিট িরট িপিটশেনর মਙઓির ੂনািন অথગাਅ রઔল ইসઓઘ হেব, না সরাসির খািরজ হেব, এ অােদশ োদওয়ার পযગােয় থাকায় পূণગাਔ োবਗ গঠেনর হাইেকাটગ িবভােগর োয িবিধ অােছ, তা োকােনাਠઙেমই পઝেযাজઘ িছল না এবং পઝধান িবচারপিতর অােদশ অাইনসমઅত নয় ও তা এখিতয়ারবিহভગકত৷
তেব হঁઘা, োকােনা োমাকਣমার চકড়াੰ੪ ੂনািনকােল িববদমান পਉਦেয়র োযেকােনা একজন অথবা উভয়ই এই মেমગ অােবদন করেত পােরন োয, িবচার িবষয়িট জনਊরઔতંপূণગ হওয়ায় তার চકড়াੰ੪ ੂনািন একিট পূণગাਔ োবেਗ হওয়া উিচত৷ োস োਉেਠ হাইেকাটગ িবভােগর ওই োবਗ অােবদনপਠিট গઝাহઘ িকংবা সরাসির খািরজ করেত পােরন৷ যিদ অােবদনপਠিট সরাসির খািরজ হয়, োস োਉেਠ অােদশিটর িবরઔেਤ অািপল িবভােগ অািপল করা োযেত পাের৷ িকੰ੫ অােদশিটর িবরઔেਤ পઝধান িবচারপিতর কােছ যাওয়ার োকােনা সઓেযাগ োনই৷
অামার অিভমত এই োয, পઝধান িবচারপিতর িবতিকગত એઐিগতােদশ এখিতয়ারবিহভકગত ও োবঅাইিন, তার অােদৗ োকােনা কাযગকািরতা োনই৷ সংিশઇੈ হাইেকাটગ িবভাগ ৌਦত োবਗ তঁােদর কাযગতািলকার অােদেশর জনઘ উিলઇিখত িরট িতনিট ছাপা হওয়ার অােদশ িদেত পােরন এবং তারপর রઔল ইসઓઘ িকংবা সরাসির খািরজ করেত পােরন৷ এটা যিদ তারা কেরন তাহেল জািত িবচারিবਸাট োথেক মઓিਡઙ পােব এবং োদেশ অাইেনর শাসন পઝিতিੋত হেব৷
িবচারপিত োমাহামઅদ োগালাম রাবਸ਼ানী : অবসরপઝাਮ িবচারপিত, অািপল িবভাগ, বাংলােদশ সઓিপઝম োকাটગ৷
December 4th, 2006 at 1:15 am
What a difference six month can make!
This daily Star report six month ago says,
” After a five-day hearing on the chief election commissioner’s (CEC) leave to appeal against the January 4 HC directives to consider the existing electoral roll as a major basis, the full bench of SC headed by Chief Justice Syed JR Mudassir Hossain rejected the CEC’s appeal and delivered the verdict….”
” the HC issued a contempt rule on CEC MA Aziz, the two election commissioners and acting secretary..”
This was a bench led by Chief Justice Syed J R Mudassir Hossain. The players are all essentially the same.
“Dr Kamal Hossain, Barrister Rokanuddin Mahmud and Barrister Amir-Ul Islam moved for the petitioners while Barrister Sara Hossain, Barrister Taniya Amir, Dr Shirin Sharmin Chowdhury and Barrister Tanjibul Alam assisted them.
Advocate TH Khan and BNP lawmaker Advocate Khondker Mahbubuddin Ahmed moved for the CEC while Advocate Toufique Inam Tipu and Barrister Nasiruddin Asim assisted them. Attorney General AJ Mohammad Ali took part in the case for the state.”
And look at the victorious side.
December 4th, 2006 at 2:27 am
From this clip it seems the full bench (all 7 judges) decided on this verdict. Also it was also a full hearing rather than a hearing on accepting a rule. It wasn’t decided arbitrarily by the Chief Justice like it has been done last Thursday. I found the following report quite interesting. Didn’t know we had such an activist chief justice in the supreme court.
http://www.prothom-alo.org/archive/news_details_home.php?dt=2006-12-01&issue_id=92&nid=MTk2MA==