Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 351 Tue. May 24, 2005  
   
Front Page


Moudud gets back SCBA membership thru' court


A Dhaka court yesterday gave its verdict against the Supreme Court Bar Association's (SCBA) decision to cancel Law Minister Moudud Ahmed's associate membership of the Bar.

Moudud had filed a suit with the Fourth Assistant Judge's Court, claiming the SCBA decision and a letter informing him of the decision the next day were illegal, malafide and without jurisdiction.

The minister appeared before the court in person yesterday.

The SCBA on May 17 decided to cancel associate membership of the speaker and the law minister for their remarks against the SCBA lawyers' ongoing agitation demanding removal of an additional High Court judge.

The Bar also issued a letter to Moudud on May 18 stating its decision and asking him to explain why the decision should not be made effective. Moudud received the letter on May 21.

The SCBA president, secretary, executive committee, and the Bangladesh Bar Council secretary were made defendants in the suit.

After hearing, Judge Mohammad Mojibur Rahman directed the SCBA not to give effect in any manner whatsoever to its May 17 decision to expel Moudud as an associate member of the Bar and the May 18 letter to him conveying the decision.

The court also issued summons on the defendants to show cause within seven days from the date of receipt of those as to why an order of temporary injunction should not be passed against them.

The SCBA at its May 17 meeting chaired by its President Mahbubey Alam observed the speaker's ruling on the SCBA lawyers' movement was "undue and beyond his jurisdiction." It termed the ruling an ill move to destroy their ongoing agitation.

The speaker in a ruling on May 16 said the Supreme Court lawyers' movement against Faizee is a "violation of the constitution." He also said the chief justice could ask the Bar Council to take action against the lawyers for such illegal agitation.

The law minister criticised the Supreme Court for not taking action against the agitating lawyers for blocking the chief justice's entryway. Parliament would consider taking action if the Supreme Judicial Council does not take any move about the judges not signing their verdict after pronouncing it, he added.

The SCBA meeting said the law minister's statement has undermined the image of the judiciary and the judges. His remark is not only indecent, but also tantamount to contempt of court, it observed.

Moudud in his suit said it was his duty and responsibility to respond to statements on the issue made in parliament and whatever he said are true and factual. He made his statement as a minister and not as an associate member of the Bar, and his statement being a part of the House proceedings is immune from any proceedings in any court under Article 78 of the constitution. Moreover, he made the statement without naming the SCBA, any lawyer or any particular judge other than the chief justice, he said.

The defendants took the decision violating the rules of the Bar and to tarnish his image in the society, the law minister said. Moreover, the defendants took the decision without two-thirds majority at a special meeting of the Bar convened to censure, suspend or expel any member for wilful breach of its constitution or violation of any decision of its general meeting, Moudud added.

Advocates Lutfe Alam, Masud Ahmed Talukder, Sanaullah Miah and Khorshed Alam appeared for the minister.