Attorney General Mahbubey Alam and Chief Justice Surendra Kumar Sinha today locked into a heated exchange of words during hearing of a case regarding the 16th amendment of the constitution that empowered the parliament to remove its judges for incapacity or misbehavior.
At a stage of the proceedings at the Supreme Court, the attorney general said he has no confidence on the chief justice in relation to the case.
“I will be compelled to place a no-confidence petition and will withdraw myself from the case, if all the seven judges of the Appellate Division are not involved in hearing the appeal [against the High Court verdict that scrapped 16th amendment of the constitution], because, the appeal is involved with the constitution,” he said.
The attorney general said this since a five-member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha refused to adjourn the hearing of the appeal for two weeks’ as per his prayer.
Other four judges of the bench are Justice Md Abdul Wahhab Miah, Justice Muhammad Imman Ali, Justice Hasan Foez Siddique and Justice Mirza Hussain Haider.
Among two other apex court judges, Justice Nazmun Ara Sultana is now abroad and Justice Syed Mahmud Hossain is sick, SC sources said.
Chief Justice Surendra Kumar Sinha told the attorney general that he [AG] could not understand where he is taking the court and what the consequence is.
Advocate Mahbubey Alam asked the chief justice whether he is threatening him.
The chief justice, then, asked the attorney general whether he is undermining the court and asked him to resume reading out from the High Court verdict.
Attorney General Mahbubey Alam said he is not undermining the court and will read out from the High Court verdict.
He requested the SC to give two weeks’ time so that two other judges, who were not included in the bench, can be involved in hearing of the appeal.
The chief justice asked the attorney general why he was insisting the court, as the attorney said repeatedly all the seven members of the apex court have to be involved in hearing the appeal as it is involved with the constitution.
After concluding today’s proceedings, the apex court, however, adjourned the hearing till 11:30am on May 21.
As a part of the hearing, Additional Attorney General Murad Reza read out from the High Court verdict before Appellate Division under its order.
Earlier in the day, the attorney general submitted two separate applications to the SC.