Asif kept standing in court, again

Dr Kamal counters judge over precedents

24 May 2012, 18:00 PM

Staff Correspondent

Prof Asif Nazrul

Eminent jurist Dr Kamal Hossain and the presiding judge of a High Court bench yesterday locked in a heated debate for around an hour over a decision to keep Prof Asif Nazrul of Dhaka University standing in the courtroom in connection with a petition. The petition was filed in March against Prof Asif on charges of making "provocative comments" on who would come to power next. Although Kamal Hossain strongly opposed the decision of the HC bench, it kept Asif standing before it for more than one hour. The HC bench of Justice AHM Shamsuddin Choudhury Manik and Justice Jahangir Hossain Selim, however, exonerated the DU teacher from personal appearance till further order following an exemption petition submitted by him. At the beginning of the proceedings at around 11:30am, Justice Manik enquired about Asif Nazrul, saying "Where is the respondent?" Kamal Hossain, chief counsel of Asif, told the court his client will not appear before the court, since he is not a contemner, but a respondent to a writ petition. The counsel said he represented the respondent and there is no precedent in the 150 years' history of the subcontinent's judiciary that a court has kept any respondent to a writ petition standing in the courtroom. This court cannot introduce a new practice in 2012 ignoring the century-old history of the judiciary, Kamal Hossain said, as the bench earlier kept Asif Nazrul standing before it. Justice Manik said the respondent has to appear before the court as they [judges of the bench] have summoned him on a specific allegation against him. The justice said their summons order might either be right or wrong, and they will issue a contempt of court rule against Asif, if he does not appear before them. "Issue the contempt of court rule against me, as I represent him [Asif]," was the answer from Kamal Hossain. At this stage, Barrister Tanim Hussain Shawon, a junior lawyer of Kamal Hossain, called Asif Nazrul, who was outside the courtroom, to appear before the bench. The bench kept Asif standing beside the dock in the courtroom. Kamal Hossain said they will move a petition before it for transferring the case since this bench has already formed a view about his client, and the judges of this bench are not above the constitution. Justice Manik, presiding judge of the bench, said this bench had earlier kept a ruling party lawmaker [Aslamul Haque], two former state ministers [Ziaul Haque Zia and Kamrul Islam] and a politically influential person [Shafik Rehman] standing before it since there were allegations against them of grabbing land. "If the allegation brought against the respondent [Asif] is not proved after hearing on the petition, we will exempt him from the charge," the justice said, adding that they would not make any discrimination by allowing him [Asif] to sit in the courtroom. The senior judge said they have not formed any view about Asif Nazrul and this court will hear opinions from several senior lawyers, who were earlier requested to place opinions as amicus curiae [friend of court] on this issue. Justice Manik said nobody is above the law and the constitution, adding, they [judges] have profound respect and honour towards him [Kamal Hossain]. The justice said Kamal Hossain is a nationally and internationally respected lawyer and they are proud that he has appeared before them to move this case. In response, Dr Kamal said: "You have delivered many good judgements and we also have much respect upon you." Kamal Hossain then read out a portion of a book written by Lord Woolf, a former chief justice of England, and a portion of the High Court rules before the bench and said the petitioners and the respondents to any writ petition are at equal footing and no court can keep any respondent standing. The senior lawyer sought an example from the bench of any court's decision to keep any respondent standing in the subcontinent. Justice Manik instantly recalled a decision of a London court of keeping a police official standing in a case. Kamal Hossain requested Justice Manik to give reference of the case of the London court and said he would personally investigate the event of that court's proceedings. The justice told Kamal Hossain the jurist had once supported their decision to keep some police officials including a deputy commissioner of Dhaka Metropolitan Police standing in the dock for torturing a grandson of the country's first prime minister Tajuddin Ahmed. Kamal Hossain said he did not do that and the lawyers for the police officials should have opposed that decision of the court. At one stage, the court advised Kamal Hossain to submit a petition before it on behalf of Asif Nazrul seeking exoneration from personal appearance in connection with the case and said it will strongly consider the prayer. After around half an hour, the lawyers at Kamal Hossain's chamber submitted a petition on behalf of Asif Nazrul seeking exoneration from personal appearance before the court on two grounds. In the grounds it has been said the constitution, the High Court rules and time honoured practice of the judiciary don't allow any court to require a respondent to a writ petition to appear and to keep him standing before it. The petition also said Asif Nazrul of law department at Dhaka University has teaching, academic and administrative responsibilities. If he is required to appear before the court during hearing on the petition, he will not be able to discharge his duties and the students will be deprived. Allowing the petition, the HC bench yesterday afternoon exonerated Asif Nazrul from personal appearance and held hearing on the rule earlier issued by it over this issue. After concluding yesterday's proceedings, the bench adjourned the hearing on the rule till June 14. Nawsher Ali Mollah, a Supreme Court lawyer, submitted the writ petition on March 15 claiming that Asif Nazrul on March 12 commented at a talk show on Banglavision that if the prime minister and the leader of the opposition were asked who would next come to power, they would perhaps mention a third power. The HC following the petition issued a rule asking the government and Asif why sedition charges should not be brought against him for making a "provocative statement" about the next government. Earlier on April 15, the HC bench kept Asif Nazrul standing during a hearing on the rule. On that day, Rokanuddin Mahmud, another counsel for Asif, told the HC the quotation made by Nawsher Ali in the petition was not accurate reproduction of what Asif Nazrul had said. Deputy Attorney General ABM Altaf Hossain and Assistant Attorney General Yeadia Zaman represented the government.