---------- Forwarded message ----------
From: Zoglul Husain zoglul@hotmail.co.uk
From: Zoglul Husain zoglul@hotmail.co.uk
Since 1/11 2007, the High Court has remained subservient to two successive governments, both illegal, anti-Bangladesh and pro-India. It has lost all credibility and respect. However, going to this court is tantamount to engaging in a 'legal' process for the sake of the observers, generally to make injustice discernible, rather than expecting justice.
The legal professionals should work together for the independence, honesty and competence of the court and refrain from dishonest bickering.
Date: Tue, 30 Nov 2010 10:06:32 +0600
Subject: Judiciary insulted
From: bdmailer@gmail.com
http://www.thedailystar.net/story.php?nid=164166
The legal professionals should work together for the independence, honesty and competence of the court and refrain from dishonest bickering.
Date: Tue, 30 Nov 2010 10:06:32 +0600
Subject: Judiciary insulted
From: bdmailer@gmail.com
| Judiciary insulted Top legal experts term role of Khaleda's lawyers shocking  Legal experts yesterday criticised the role of Leader of the Opposition and BNP Chairperson Khaleda Zia's counsels for "not taking part in the hearing properly" before the Supreme Court during hearing of her cantonment house case. They however expressed mixed reaction over dismissal of Khaleda's leave-to-appeal petition, labelling the case politically "important and sensitive". Court deserves respectKamal HossainEminent Jurist Dr Kamal Hossain said, "In order to have contested issues settled by the highest judiciary, it requires sincere efforts by all parties to maintain respect for the court and the judicial process. "We should all rise above partisan politics and seek to uphold the rule of law," he added. Lawyers did not behaveGhulam RabbaniGhulam Rabbani, a former judge of the Appellate Division, said the reported behaviour of the learned advocates has pained him. Under article 112 of the Constitution, everybody is constitutionally bound to act in aid of the Supreme Court. "The learned advocates did not behave, as it seems to me, as advocates appearing before the court, or in other word, as officers of the court. Their behaviour was like that of politicians on the streets," Rabbani said. He added: "From the first day of getting lawyer's certificate I was taught by my senior colleagues that an advocate is deemed to be an officer of the court and is duty-bound to obey and respect each and every order though that may not be in their favour." He said this is also the rule of law. If it is not maintained, fascism will crop up leading to the end of the rule of law. "I hope the learned lawyers, most of who were my colleagues at the Bar, will not behave like that in future as they did not do so in the past," Justice Rabbani added. I'm against call for resignationDr M ZahirNoted jurist Dr M Zahir said it is the discretion of the court to take up the matters as the court wishes. However, the court could have disposed of the contempt of court petition first and then the leave-to-appeal petition as there is no strict rule as to which petition will be heard first. On the opposition leader's lawyers' insistence to hear the contempt of court petition first, he said, "This is a political case. The lawyers seemed to have done what they thought would save their own interest and so I cannot and should not make any comment about it." Regarding the procession of a section of pro-BNP lawyers demanding resignation of the chief justice, he said, "I am not in any agreement with anybody who demands resignation of a judge because I think it wrenches down the reputation of the judiciary." Hearing could've been adjournedRokan Uddin MahmudEminent lawyer barrister Rokan Uddin Mahmud said the SC could have adjourned the leave-to-appeal petition alongside the contempt of court petition as the case was politically sensitive and one of the political parties has made an issue out of it. As a political party has kicked up the dust centring this case, the court could have adjourned hearings of the all the civil petitions in order to defuse the situation, he added. Criticising the lawyers who brought out a procession demanding "resignation" of the chief justice, he said, "Such expression of protest against the order of the Supreme Court by the lawyers should be avoided as it diminishes both the image of the lawyers and the SC. Court followed correct procedureShahdeen MalikEminent jurist Shahdeen Malik said it is needless to say that technically the court followed the correct procedure and it was up to the lawyers of Khaleda Zia as to why they did not properly proceed with the case. He feels the court did not have any option but to pass the order as it did. He said it also seems the judgment of the highest court is being deliberately and calculatedly turned into a political issue. This is very ominous for stability of the country, he asserted. "One may disagree with the court verdict and also express disagreement. But it must be done in a civilised manner and more so by lawyers of the court. "In the recent past, there were also one or two uncivilised and unacceptable protests. It seems instead of correcting our wrong behaviour, we are unwisely repeating similar behaviour, which is not good for the judiciary and the country," Malik added. |
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