Published on 12:00 AM, March 25, 2023

SCBA Election: Happy with outcome of the polls

The recent polls to the Supreme Court Bar Association were marred by violence and abstention from voting. The pro-Awami League lawyers alleged that the pro-BNP lawyers tried to make the election controversial while the pro-BNP lawyers claimed that the election was rigged by the pro-ruling party attorneys. The Daily Star’s Golam Mortoza talked with SCBA President Md Momtaz Uddin Fakir.

Momtaz Uddin Fakir

TDS: Senior lawyer Munsurul Hoque Chowdhury is known to be an important and reliable person. He participated in the previous SCBA polls from the pro-AL lawyers' panel. Why did he have to step down?

Momtaz: The reasons are unknown. We gave the details at a press conference. He said that votes would be counted using the Electronic Counting Machine. Then I said the candidates and the voters should have been informed about this beforehand. But they were in the dark. I asked why he had done this. Then he kept on saying that we should see this on the projector. We asked why we should watch it if a decision on the use of the machine was not made.

TDS: The are allegations that you disrespected and insulted Munsurul and termed him "biased".

Momtaz: Nothing like that happened.

TDS: Why was the police called in on the Supreme Court premises? Who ordered the police to beat up and injure lawyers and journalists?

Momtaz: Let me give you the background first. As per the article 15/5 of the rules, ballots should be printed by the general secretary. Then the election subcommittee convener and the general secretary would sign it. On the night before the polling day, they were signing ballots inside the conference room. Suddenly, Mahbub Uddin Khokon and Ruhul Quddus Kazal appeared there, snatched some ballots and tore them up. A case was filed in this connection that very night.

TDS: Pro-BNP lawyers have alleged that ballots were being signed and votes were being cast at that time.

Momtaz: It never happened.

TDS: There is an allegation that no discussion was held on the appointment of a new election subcommittee convenor after the resignation of Munsurul.

Momtaz: The article 15/6 of the rules clearly states that the executive committee will decidethis.

TDS: If the convenor steps down, the most senior lawyer will be tasked with the duty. Isn't that the case?

Momtaz: There is no rule that says the most senior person should be chosen. Any senior lawyer can take the role.

TDS: The seven-member committee was formed unanimously. Wasn't it necessary to seek the pro-BNP lawyers' opinion or to hold a discussion with them?

Momtaz: There was no need for a discussion. The executive committee takes decisions in such cases. We did everything as per the rules.

I believe journalism is like a mirror of the society. You should watch all video footage of this election.

TDS: So why did the police beat up the journalists?

Momtaz: When a scuffle broke out between lawyers on that day, at one stage I fell on the floor. I don't know whether the lawyers were beaten by the police. However, I saw the video footage of the journalists. If the police beaten up someone, legal action will be taken accordingly.

TDS: According to media reports, the election was held after the pro-BNP lawyers and journalists were beaten and driven out of the SCBA auditorium.

Momtaz: No such incident happened.

TDS: At what stage of the violence did you call in the police?

Momtaz: A letter was sent to the police beforehand. They came after hearing about the chaos.

TDS: As per the documents of the case filed with Shahbagh Police Station, police talked to the law minister, the attorney general and many others. Also, it is mentioned there that General Secretary Abdun Nur Dulal and you called the police and sought their cooperation.

Momtaz: I can't comment on the documents without seeing those. Police already had the letter.

TDS: We are not talking about the previous letter. When the pro-BNP lawyers were trying to prevent voting, police were called and it was you who called them.

Momtaz: I have to check the facts before making any comment.

TDS: Why do you think the police attacked the journalists?

Momtaz: I didn't see the attack when it took place.

TDS: But you saw the video.

Momtaz: I saw it later. Journalists informed me that police have beaten up Jabed. It hurt me. I personally know NTV's Jabed. Initially, I couldn't believe that they have beaten Jabed. I met him the next day and came to know that it was not him but another person with the same name, who was assaulted.

TDS: It has been alleged that journalists were beaten up and driven away because they were witnessing and filming everything.

Momtaz: That may be true.

TDS: Are you satisfied after being elected SCBA president, considering the process of this year's election?

Momtaz: Yes, I am satisfied. At least the election has taken place.

TDS: Media reports said when the pro-BNP lawyers went to meet the chief justice, he told them that he didn't call the police.

Is there any rule that stipulates that the police cannot enter the Supreme Court premises without the chief justice's permission?

Momtaz: When the security on the Supreme Court premises is breached, the police must step in. I don't know whether the chief justice granted permission. I cannot comment on this.

To read the full interview in Bangla, please visit https://bangla.thedailystar.net/news/bangladesh/news-464066