The Supreme Court yesterday upheld the 2004 dismissal of Syed Shahidur Rahman from the post of additional judge at the High Court.

The then president Iajuddin Ahmed ordered his removal as recommended by the Supreme Judicial Council for receiving Tk 50,000 in bribe to grant bail to an accused in a case under the Women and Children Repression Prevention Act.

A four-member bench of the apex court headed by Chief Justice Surendra Kumar Sinha scrapped an HC verdict declaring the removal of Shahidur illegal. The SC judgment came after lawyer Idrisur Rahman appealed against the HC verdict.

The grounds on which the SC made the judgment will be mentioned in its full text to be released later.

Shahidur had not been given the post back because of a 2005 stay order on the HC verdict. Following yesterday's order, he will not be able to perform duties as a judge, advocate Idrisur Rahman told The Daily Star.

Shahidur who is now practising law at the apex court could not be reached for comments.

He was appointed to the HC as additional judge in April 2003 despite objections from the Supreme Court Bar Association (SCBA) and senior lawyers who reportedly alleged that he had embezzled funds as an office bearer of the association.

At a lawyers' meeting in October the same year, SCBA president Rokanuddin Mahmud brought allegations against Shahidur of granting bail for money. 

The first ever Supreme Judicial Council headed by chief justice KM Hasan opened an investigation into the alleged misconduct. 

The council comprising three most senior judges of the SC on a presidential order heard depositions of eight people, including Shahidur, Rokanuddin and Nasim Sultana Kona who had informed Rokanuddin of the bribe exchange. Shahidur reportedly cross-examined all the witnesses during the council sittings.

The inquiry report was handed over to the president in January 2004, recommending action against Shahidur.

He later filed a writ petition with the HC, challenging his removal order.

The HC in February 2005 declared the removal of Shahidur illegal.

Responding to a petition filed by Idrisur Rahman, the Appellate Division stayed the HC verdict two months later and allowed him to move an appeal before it as public interest litigation challenging the HC verdict.

Idrisur filed the appeal the same year, on which the apex court cancelled the HC verdict.

Dr Kamal Hossain appeared for Idrisur while Shahidur argued for himself.