The New Nation - Internet Edition

An editorial in a Dhaka daily published on the 30th August taunted the judges, as I understood, for acquitting by the relevant High Court Bench on the 27th August some accused and convicted earlier in a lower court in a case.

The editorial went out of its lawful limit not for making some observation and suggestion but for referring back to a past incident in which the judges concerned, as the editorial mentioned, to have had felt embarrassed to take up another closely relevant case some years ago.

Judge's feeling of embarrassment to hear any case in his/her court is not only fully lawful but also within due rights of the judge (s) concerned in the due process of law. None can as such raise any question in the matter except for evil motive to mislead people not well conversant with law in the matter.

The reference as such to the point of feeling embarrassment of some judges, not factually correct, while referring back to another earlier relevant case can thus well be termed as nothing but mischievous one.

It may be mentioned here, that as many as seven judges in the High Court felt embarrassed in late 1990s to hear the death reference case for their reasons within law and in the due process.

Many knew well, if one could recall back correctly, that the lower court case referred to here had passed the judgment to put the accused in 'open firing squad' on the 8th November 1998 that went clearly outside the purview of the Cr.PC and hence the judgment then was bitterly criticised by many eminent lawyers and noted persons.

M.T. Hussain

Ibrahimpur,

Dhaka