The New Nation - Internet Edition

UNB, Dhaka

President of Supreme Court Bar Association (SCBA) Barrister M Amir-Ul Islam yesterday termed immoral the Chief Justice's exercise of discretionary power in stripping of the High Court division bench, headed by Justice Shah Abu Nayeem Mominur Rahman, of its writ jurisdiction.

"The action is aimed at demoralising the judges of the higher court… it has tarnished the image of the judiciary," Amir told his colleagues at an emergency meeting of the Bar Association.

The SCBA president said the Constitution does not provide any such provision for the Chief Justice to control the court in the name of reconstitution of the benches.

The emergency meeting was convened in the wake of dissolving Justice Nayeem's writ bench on March 17.

Barrister Amir said the Chief Justice has discretionary power under the constitution to reconstitute bench. The usual practice is that benches are reconstituted once a year or after a long vacation, he observed.

But, he said, it is immoral to break any bench in the middle of a week. He said the SCBA has long been pressing for setting rules how to constitute and reconstitute a bench instead of doing it by the Chief Justice unilaterally for the sake of proper dispensation of justice.

Barrister Amir deplored that the incumbent Chief Justice has just followed in the footprint of his predecessor. This unilateral action does not resolve the problems of the litigants and the justice seekers. Rather, efficient judges who have expertise in motion and writ jurisdiction were kept engaged in other benches.

Former SCBA president Barrister Shafique Ahmed said the breaking of bench in such way is tantamount to interference to the justice delivery system. Judges are not allowed to function independently, he said, adding that the practice of breaking bench at wish and caprice should be stopped if the bar is united.

The SCBA leaders who spoke at the meeting alleged that a move is on to thwart the Supreme Court Bar Association election scheduled for March 24-25. Earlier, the annual election could not be held last year for lack of government permission needed as the state of emergency is in force.

They said the SCBA is ready to face any such move at any cost.

Among others, Khandakar Mahbub Hossain, Humayun Hossain Khan, Abdul Mannan Khan, AK Mujibur Rahman, Syed Mamun Mahbub spoke at the protest meeting.