Ex-SC judge Justice Abedin gets bail after discussion in parliament

Former Appellate Division judge Justice Md Zainul Abedin has obtained anticipatory bail from the High Court following discussion in parliament on an Anti Corruption Commission notice.

The bench of Justice Miftah Uddin Choudhury and Justice ANM Bashir Ullah granted Justice Abedin the bail for six weeks on Monday, a day after the discussion in parliament. 

It also issued a rule asking the ACC and the government to explain within four weeks why Justice Abedin should not be given permanent bail, ACC lawyer Khurshid Alam Khan said.

Deputy Attorney General Moniruzzaman Kabir, who stood for the State, told bdnews24.com that Justice Abedin pleaded for the bail even though there is no case against him fearing arrest by the ACC after a newspaper reported that it might arrest him.

Kabir said the High Court also ordered authorities not to arrest him when he submits the reply to the ACC notice. Barrister Moinul Hossain represented Justice Abedin at the hearing.

Justice Abedin was appointed a High Court judge in 1991 and retired as an Appellate Division judge in 2009.

The ACC in July 2010 sent him a notice asking for an account of his wealth on suspicion that he had achieved assets beyond known sources.

The former judge then moved the High Court, challenging the legitimacy of the notice. A High Court bench heard his plea but dismissed it as 'not presented'.

On Mar 2 this year, the ACC said in a letter to the Supreme Court that there is an allegation against Justice Abedin of sending money abroad illegally.

The anti-graft agency asked the apex court to provide necessary documents on the matter, saying the matter needed to be investigated.

In a reply to the ACC letter on Apr 28, the Supreme Court said it thought it will not be proper for the ACC to take any kind of action against former judge.

The letter, signed by Appellate Division Additional Registrar Arunava Chakraborty, also asked the law ministry and others concerned not to launch any initial enquiry or fully fledged investigation against any judicial officer on charges like misconduct or corruption without consulting the Supreme Court.

Meanwhile, in parliament on Sunday, Agriculture Minister Matia Chowdhury raised the issue of Justice Abedin when the MPs were expressing their anger over the Supreme Court verdict cancelling the lawmakers' powers to remove judges on grounds of misconduct and incompetence.

Matia said Chief Justice SK Sinha was hindering 'justice' through the letter on Justice Abedin which, she said, is "an offence punishable under the Penal Code. He has not only used the name of the Supreme Court, but also used the court's pad, though it was his own decision".