Vol. 5 Num 893 Fri. December 01, 2006  
Front Page

Chief justice violated constitution: Dr Kamal

Chief Justice Syed JR Mudassir Husain has not only violated the constitution but also tarnished the image of the Supreme Court by staying the proceedings of writ petitions before issuance of ruling, said eminent jurist Dr Kamal Hossain yesterday.

He breached his oath to uphold the constitution, Kamal said, urging the lawyers' community of 30,000 members and the countrymen to boycott the chief justice and uphold the constitution and the judiciary.

"By issuing the stay orders today [yesterday], the chief justice has placed hurdles on the path to justice," he said, addressing a press briefing of the Supreme Court Bar Association (SCBA) at the Jatiya Press Club in the evening.

Demanding chief justice's resignation, Dr Kamal said he [CJ] has seriously injured the Supreme Court like a father cutting the throat of his son, as it was his duty to protect the law.

"The chief justice should be charged for contempt of the constitution and the Supreme Court," he said, adding, "He did it very irresponsibly, may God pardon him."

He said the chief justice passed the order sitting at his residence without consulting the petitioners' lawyers. The stay orders did not have any official seal or proper documents attached to it, he observed.

After hearing the stay order, Dr Kamal said he rushed to the CJ's office for an explanation but came to know that he was not there. Then he looked for the chamber judge, who informed Dr Kamal that no one placed any application to his office for the any sort of stay.

As the jurist looked for other senior judges to consult the matter, the chamber judge suggested him discussing the matter with the CJ himself and asked him to contact him at his residence, Dr Kamal told the press.

"The chief justice is not above the constitution. He is bound to produce explanations for violating the constitution," Kamal said.

Mentioning that the previous government raised the maximum age limit of judges before they retire, he said, "Is it an expression of gratitude to it?"

He pushed the country towards a serious confrontation by passing the stay order, Dr Kamal observed.

"You better try to restore the honour of the constitution by withdrawing the stay order," Kamal urged the chief justice.

Dr Kamal also blasted the attorney general blaming him for playing partisan role in the matter.

“Following the tradition that every AG resigns from the post after the caretaker government takes charge, we expected the current AG will also follow the path, which he didn't do even after the passage of 30 days.”

The partisan AG always gives wrong interpretation of the constitution misleading the courts when he is approached, Dr Kamal said.

SCBA President Barrister Amir-Ul Islam alleged the chief justice had served the purpose of the immediate past government by passing many stay orders. "He would have to take responsibility for the sufferings of the countrymen which would come upon them as a result of his stay orders," he said.

Referring to several cases, Barrister Amir said the CJ dissolved benches or snatched power from different judges whoever gave orders against the past government activities.

About the AG, Barrister Amir said the AG was trying to frustrate the writ from the beginning.

Vice-chairman of Bangladesh Bar Council and former SCBA president Rokanuddin Mahmud said they had asked all bar associations across the country to boycott the chief justice at all levels including meetings and social functions. He said no letters would be issued to the CJ since now, and he will not be invited to any meeting and programmes.

About the vandalism in the Supreme Court Barrister Tania Amir told the reporters the lawyers were not involved with the incident as they were briefing the journalists at a press conference.

Advocate Mahbubey Alam, Yusuf Hossain Humayun, Abdul Matin Khasru, AM Amin Uddin, and M Enayetur Rahim were also present at the press conference.