Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 31 Sun. June 27, 2004  
   
Front Page


Judge's Writ
Lawyers for full hearing


Lawyers yesterday appealed to the high court to order a full hearing of the writ petition filed by Second Speedy Tribunal Judge Shaikh Jahangir Husain against pressure and interference in his activities by public prosecutors.

The petition demands interpretation of several articles of the constitution, the lawyers argued when a High Court Division Bench of justices Mohammad Joynul Abedin and Sharif Uddin Chakladar began hearing the petition.

Jahangir in his petition alleged the government through two public prosecutors put pressure on him to release some notorious criminals ahead of Dhaka-10 by-polls that hobbled his judicial activities.

He also said he was transferred to Barisal within 16 months of his service at the special tribunal as he declined to give in to the pressure.

The bench heard the petition for two hours yesterday when Barrister Amir-ul-Islam argued on behalf of Jahangir. Senior lawyers including Dr Kamal Hossain and Barrister Rokanuddin Mahmud were also present.

The court adjourned the hearing until today.

Dr Kamal asked the court for ordering full hearing for interpretation of several articles of the constitution.

Barrister Amir underscored the necessity of interpretation of Article 109 of the constitution, saying: "The control and authority of all judicial activities should lie exclusively with the High Court."

"Article 116 dictates that the posting, promotion and grant of leave and discipline of persons employed in the judicial service and magistrates exercising judicial functions rest with the authority of the president. But it also dictates that the president must consult the Supreme Court on these matters," Amir argued, "and that means not only the chief justice but also the whole Supreme Court."

"If the transfer of a judge is not controlled by the High Court, the executive tries to transfer judges whenever they wish," he argued.

Referring to the writ petition by Jahangir, Amir said: "Who is facing inconvenience or being transferred is not significant in this case, but it is significant that public prosecutors claim to have been holding government powers."

"If it is the case, all judges are then facing the same threat."

The Supreme Court, according to the constitution, transfers judges. But the true opinion of the Supreme Court should be reflected in the transfers, Amir argued, expressing his doubts whether the government actually consulted the Supreme Court before transferring Jahangir after 16 months of his service.

The judiciary is one of the main pillars of the constitution. But if the constitution is not properly understood and effectively implemented, its main spirit will be lost, Amir added.

"Judge Jahangir Husain has taken risks in the interest of the people and for the cause of the independence of the judiciary," Amir argued, "not all judges are as brave as him."

In the greater interest of the public and considering its importance, the constitution should be interpreted in dealing with the writ petition.

However, the government will investigate the allegations Judge Jahangir made in his application to the chief justice on May 30.

Law Minister Moudud Ahmed told the press they would probe the allegations.

His ministry received copy of the application on June 24 after the judge was transferred, he said.