• Monday, November 24, 2014

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Chief Justice

SC Judges

Impeachment bill tabled

The government yesterday placed a constitutional amendment bill in parliament seeking to restore the Jatiya Sangsad's authority to impeach a Supreme Court judge on grounds of misbehaviour or incapacity. The existing constitutional provision for the chief justice-led Supreme Judicial Council (SJC) will cease to exist once the bill is passed. Since the cabinet approved the proposal for the constitutional amendment on August 18, many jurists, civil society organisations and personalities and opposition parties have been urging the government to refrain from...

STRAIGHT LINE

The unusual resolution

IN a time and clime wherein speedy disposal of public affairs, particularly conflict resolution, is not a virtue, the news of the disposal of twenty cases within four to ten days by a recently retiring senior judge should have been welcome news to all. Unfortunately, however, the saying “justice hurried is justice buried” appears to be uncomfortably credible according to reports emanating from authoritative sources. Media reports have it that the chief justice has decided to take action against a...

Case of Khaleda's Birthday

CJ likely to assign HC bench this month to decide on court

Chief Justice Md Muzammel Hossain is expected to assign a High Court bench late this month for deciding whether the case regarding celebration of BNP Chairperson Khaleda Zia's birthday on August 15, which is National Mourning Day, will be adjudicated at the lower court. The trial proceedings of the case have been stalled for around 15 years due a stay order of the HC, which was passed following a revision petition filed by Khaleda challenging the proceedings. Pro-Awami League lawyers did...

Editorial

Judge being held to account

THE Chief Justice deserves compliments for initiating action against a recently retired judge who, reportedly, dispensed hurried judgments immediately prior to his retirement to the extent that he disposed of 20 cases between 4 and 10 days and set free all the accused of 20 cases. No wonder it is judges like Faruk Ahmed who taint the image of the judiciary by abjuring the norms of trial process causing miscarriage of justice. While we appreciate the CJ's action we feel...

Retiring judge forgot oath

The chief justice has decided to take action against a recently retired Dhaka court judge, Faruk Ahmed, for hastily acquitting dozens of accused before going into retirement. Many of these accused were acquitted in violation of rules, a Supreme Court source said.  Justice SK Sinha, who had been discharging the functions of Chief Justice Md Muzammel Hossain in the latter's absence, yesterday asked the law ministry to take action against Faruk. Law Minister Anisul Huq told The Daily Star last night that...

News Analysis
Judges' Impeachment

Can prisoners of parties do that?

An institution willing to hold other independent organs accountable for their functions must enjoy unqualified independence. This means a subservient body can in no way hold an independent institution accountable. The government's sudden move to restore the Jatiya Sangsad's authority to impeach Supreme Court judges on grounds of misconduct has triggered the crucial question of whether MPs who constitute parliament enjoy unqualified independence to hold judges accountable. To arrive at an answer, let us discuss the constitutional provision relating to how...

SC panel formed to hear Kamaruzzaman plea

SC panel formed to hear Kamaruzzaman plea

Chief Justice Md Muzammel Hossain has constituted a four-member bench of the Appellate Division, excluding himself, to hear the appeal filed by Jamaat leader Muhammad Kamaruzzaman challenging the death penalty awarded to him for his wartime offences. The bench members are: Justice Surendra Kumar Sinha, Justice Md Abdul Wahhab Miah, Justice M Imman Ali...

Let an ex-CJ probe Narayanganj killings: BNP

Let an ex-CJ probe Narayanganj killings: BNP

BNP today urged the government to form a three-member team led by a former chief justice to probe the gruesome abduction and killing of seven persons in Narayanganj. The two other members of the team should be a former cabinet secretary and a human rights activist, said BNP acting secretary general Mirza Fakhrul Islam...

Women must fight to establish rights

Women themselves must fight to establish their rights, said former chief justice ABM Khairul Haque yesterday. “No one will give you [women] your rights unless you try to establish it yourselves,” he said at a views-exchange meeting in the capital's Cirdap auditorium. Khairul Haque said women had to be bold and come forward and then everybody would stand by them. Bangladesh Mahila Parishad organised the meeting to hear opinions of justices, administrators, lawyers, and other professionals on oppression of women. Khairul Haque, also...

Fire the minister

Supreme Court Bar Association leaders yesterday demanded that the prime minister immediately fire the minister who called a High Court judge to influence the outcome of a case. Addressing a press conference at the SCBA auditorium, they urged the chief justice to instruct the Supreme Court registrar to file two cases against the minister concerned in connection with the criminal offence related to the phone call and contempt of court. According to the statement of the case in question, Barendra International...

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