Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 890 Tue. November 28, 2006  
   
Front Page


Writ Petitions on CA, EC
Lawyers wrangle at court over hearing


An awkward commotion took place in High Court (HC) yesterday between the opposing counsels over fixing the date of hearing for three writ petitions filed against the president taking over the chief adviser post, his unilateral decisions and the Election Commission's (EC) move to declare election schedule.

The HC division bench fixed tomorrow for the hearing of the petitions following a second plea of the Attorney General (AG). Even though the bench, only half an hour back, had fixed today for the hearing when the AG pleaded for it the first time.

When the AG was appealing the bench to fix the date again, one of the counsels for the petitioners opposed the move that lead to an argument between the two.

Counsel for the petitioner Tania Amir locked in heated arguments with Attorney General AJ Mohammad Ali in the crowded courtroom, where senior lawyers and former ministers Moudud Ahmed, Habibul Islam Bhuiyan and Aminul Huq, TH Khan and Khondokar Mahbubuddin Ahmed only looked on as the commotion continued for about half an hour.

Tania alleged that a group of lawyers (hinting at the pro-BNP lawyers) made an uncongenial atmosphere in the courtroom and tried to obstruct her from entering the premises.

Explaining her alleged "misbehaviour," Tania said, "At one point, the attorney general shouted at me saying 'shut up' and I instinctively reacted by saying 'you shut up'."

In an aggrieved tone, Tania said the present senior lawyers, whom she considers her "uncles" and who once inspired her to come to the profession, worsened the situation in the courtroom by encouraging the AG instead of stopping him.

Witnesses said a number of pro-BNP lawyers even made offensive and derogatory remarks (not printable) on Tania in presence of the seniors, but none protested nor took any initiative to bring the situation under control.

Half an hour back, the AG pleaded for deferment of the hearings, which was supposed to be heard yesterday, and prayed the bench for at least three days for their hearing preparations.

After hearing the AG, the division bench comprising Justice M Awlad Ali and Justice Moinul Islam Chowdhury fixed Wednesday for the hearing.

The counsel for the petitioners -- Barrister Amir-Ul Islam and Barrister Rokanuddin Mahmud -- opposed the move.

The court, considering the situation, revised its order and fixed today for hearing of the writ petitions at 2:00pm.

After Barrister Amir and Barrister Rokan left the courtroom, the AG again prayed the court for changing the court order that prompted Barrister Tania Amir to oppose, instigating the chaos.

During the contentions, the court sent its bench officer to call the senior counsels for the writ petitioners to the bench.

The barristers then returned to the courtroom and the court informed them that court has revised its order and the hearing to take place tomorrow.

Later Supreme Court Bar Association (SCBA) and pro-four-party alliance lawyers held separate press briefings on the incident, first one blasting the pro-four-party alliance lawyers for partisan behaviour while the other group criticised Tania's "misbehaviour".

Former SCBA president Rokanuddin Mahmud said the lawyers attending the courtroom yesterday appeared to be working for the former BNP government, not the caretaker government (CG). This subsequently proved the existence of BNP loyalists within the CG.

On the other hand, former law minister and BNP leader Moudud Ahmed said the "young lawyer" (Tania) addressed the AG without any respect, which she should not have done. All lawyers present at that time protested her act.

Eleven leaders of the 14-party alliance, Jatiya Party (JP), Liberal Democratic Party (LDP), Zaker Party (a faction of Islami Oikya Jote) and Islamic Front on Sunday jointly filed three writ petitions with the HC against the president's assumption of the post of chief adviser to the CG, his exercising executive powers unilaterally, and the EC's move to declare election schedule before publishing the voter list.

Picture
Barrister Amir-Ul Islam speaks to reporters at Supreme Court Bar Association's news conference in the capital yesterday following yesterday's chaos at court. PHOTO: STAR