A presidential order was sent to the Supreme Court yesterday via the law ministry to conduct the enquiry.

If Faizee is found guilty of "gross misconduct" for forgery of certificate, the president may remove him from office.

Eminent jurists yesterday said the controversy should be settled quickly to save the image of the higher judiciary. Faizee committed gross misconduct by taking oath with a false certificate, they added.

The approval to form the SJC came after Chief Justice Md Ruhul Amin sent a letter to the president on March 12 seeking his permission for its formation, Law Adviser Mainul Hosein told reporters yesterday.

The Supreme Court Bar Association (SCBA) also sent a letter to the president on March 7 requesting him to form the SJC.

According to Article 96 of the constitution, the council will consist of the chief justice and two judges next in seniority to him.

The article also states that if any judge is found guilty of gross misconduct, the president may direct the council to enquire into the matter. If the enquiry finds the judge guilty of gross misconduct, the president may remove him from office.

On March 3, Chittagong University (CU) authorities cancelled the graduation certificates of judge Faizee and others after a probe committee found evidence of tampering with tabulation sheets.

Faizee was appointed an HC judge in 2004 under the lawyers' quota. Sources said the LLB certificate is the minimum requirement to be a lawyer.

On March 5, Faizee was de-listed from judicial duty amidst calls for his resignation. He immediately went on a leave that expired on Sunday.

Faizee, who does not have any bench to him now, spent the office hours on last two days in his office room, sources said.

On March 19, Faizee informed the chief justice that the HC stayed the cancellation order of his certificate, but the chief justice did not allocate any bench to him.

JUDGE FAIZEE'S CASE
On October 30, 2004, two major dailies Prothom Alo and Bhorer Kagoj reported that Faizee, one of the 19 additional judges appointed on August 23, 2004, had tampered with his mark sheet of Muslim law examinations he sat from Chittagong Law College in 1989.

A CU enquiry committee formed on April 25, 1996 revealed the fraud.

Former SCBA president Mahbubey Alam earlier said the then chief justice Syed JR Mudassir Husain did not recommend Faizee's confirmation as an HC judge.

On the demand for Faizee's resignation, SCBA President Barrister Amir-Ul Islam yesterday told the press that the trust of the whole nation is related to the legitimacy of the holders of constitutional posts. If the trust is damaged, everybody expects the person to resign.

"We have to understand that a lack of such mentality is itself a disqualification for holding such posts," he said.