Senior lawyers condemn AG's conduct : Chief Justice given farewell
Chief Justice Mohammad Fazlul Karim yesterday was accorded farewell with Attorney General Mahbube Alam accusing him of violating the Constitution in not giving oaths to two additional judges and the president of the Supreme Court Bar for strengthening the judiciary.
The Chief Justice delivered a routine lecture and refrained from responding to the attacking remarks made by the Attorney General. Senior lawyer Barrister Rafiqul-ul-Haq told journalists later in his 50 years in the profession he never observe the farewell given to an outgoing CJ in such a manner. "What the AG told the CJ is shameful for me, the country and all others," he said, adding, "No gentleman can address the CJ in such a manner."
The AG said, "The government could take constitutional steps against you (CJ) in this regard, but didn't do so considering honour and dignity of the post."
The farewell was arranged to facilitate the outgoing Chief Justice, who is scheduled to go on retirement today, at his court room of the Appellate Division.
"You were superseded four times during appointment of CJ; President Zillur Rahman honoured you and protected from a tense situation through appointing you CJ this year; you should honour others," Mahbubey Alam said.
"During your CJ tenure, you fulfilled wish of the people and some of them were against the Liberation War," he alleged. Supreme Court Bar Association (SCBA) President Khandker Mahbub Hossain also delivered his farewell address to the CJ.
He termed the refusal of the two judges' oath even after having pressure from the Executive as the CJ's courage and wisdom that paved the way of strengthening the independence of the Judiciary and the rule of law.
The court room was full with lawyers, and judges of both the High Court Division and the Appellate Division at that time.
Interestingly, the two superseded judges of the Appellate Division-- Justice Md Abdul Matin and Justice Shah Abu Nayeem Mominur Rahman-- in appointing the new CJ didn't attend the farewell. When contacted, a high official of the CJ office confirmed that 'they were not in vacation'.
Chief Justice Fazlul Karim will go on retirement today (Thursday). President Zillur Rahman appointed Justice ABM Khairul Haque as the next CJ superseding the two senior judges. Khairul Haque will be sworn-in today by the President at Bangabhaban.
It may be mentioned here that the President on April 11 this year appointed 17 additional judges, including Advocate Md Ruhul Kuddus Babu and Advocate M Khasruzzaman to the HC.
But, Chief Justice Mohammad Fazlul Karim on April 18 administered oath of 15 judges out of 17 and declined to sworn-in the two others citing 'unavoidable circumstances'.
SCBA President Khandker Mahbub Hossain protested appointment of the two judges and urged the CJ not to administer their oath alleging that Khasruzzaman was involved in vandalising the SC on November 30, 2006 and Babu was the prime accused in a murder case.
However, AG Mahbubey Alam told reporters Babu was brilliant lawyer and allegation brought against Khasruzzaman was not right.
Mahbubey Alam also alleged that the outgoing CJ didn't take steps as per a report of a corruption probe conducted by the previous CJ Md Tafazzul Islam.
Bar President Khandker Mahbub expressed his deep gratitude to the CJ for his strong stance in upholding fundamental rights and freedom of the press.
The Chief Justice delivered a routine lecture and refrained from responding to the attacking remarks made by the Attorney General. Senior lawyer Barrister Rafiqul-ul-Haq told journalists later in his 50 years in the profession he never observe the farewell given to an outgoing CJ in such a manner. "What the AG told the CJ is shameful for me, the country and all others," he said, adding, "No gentleman can address the CJ in such a manner."
The AG said, "The government could take constitutional steps against you (CJ) in this regard, but didn't do so considering honour and dignity of the post."
The farewell was arranged to facilitate the outgoing Chief Justice, who is scheduled to go on retirement today, at his court room of the Appellate Division.
"You were superseded four times during appointment of CJ; President Zillur Rahman honoured you and protected from a tense situation through appointing you CJ this year; you should honour others," Mahbubey Alam said.
"During your CJ tenure, you fulfilled wish of the people and some of them were against the Liberation War," he alleged. Supreme Court Bar Association (SCBA) President Khandker Mahbub Hossain also delivered his farewell address to the CJ.
He termed the refusal of the two judges' oath even after having pressure from the Executive as the CJ's courage and wisdom that paved the way of strengthening the independence of the Judiciary and the rule of law.
The court room was full with lawyers, and judges of both the High Court Division and the Appellate Division at that time.
Interestingly, the two superseded judges of the Appellate Division-- Justice Md Abdul Matin and Justice Shah Abu Nayeem Mominur Rahman-- in appointing the new CJ didn't attend the farewell. When contacted, a high official of the CJ office confirmed that 'they were not in vacation'.
Chief Justice Fazlul Karim will go on retirement today (Thursday). President Zillur Rahman appointed Justice ABM Khairul Haque as the next CJ superseding the two senior judges. Khairul Haque will be sworn-in today by the President at Bangabhaban.
It may be mentioned here that the President on April 11 this year appointed 17 additional judges, including Advocate Md Ruhul Kuddus Babu and Advocate M Khasruzzaman to the HC.
But, Chief Justice Mohammad Fazlul Karim on April 18 administered oath of 15 judges out of 17 and declined to sworn-in the two others citing 'unavoidable circumstances'.
SCBA President Khandker Mahbub Hossain protested appointment of the two judges and urged the CJ not to administer their oath alleging that Khasruzzaman was involved in vandalising the SC on November 30, 2006 and Babu was the prime accused in a murder case.
However, AG Mahbubey Alam told reporters Babu was brilliant lawyer and allegation brought against Khasruzzaman was not right.
Mahbubey Alam also alleged that the outgoing CJ didn't take steps as per a report of a corruption probe conducted by the previous CJ Md Tafazzul Islam.
Bar President Khandker Mahbub expressed his deep gratitude to the CJ for his strong stance in upholding fundamental rights and freedom of the press.
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