Ruling MPs demand removal of HC judge

They say Justice A H M Shamsuddin Chowdhury should be removed in three days for 'censuring' Speaker or threatened to revive provision to impeach judges. Full story

Dhaka, Jun 5 (bdnews24.com) – The ruling alliance MPs have asked the Chief Justice to remove Justice A H M Shamsuddin Chowdhury in three days for his comment against the Speaker or they have threatened to revive the constitutional provision to impeach judges.

Hours after Justice Chowdhury commented during court proceedings that the Speaker has 'committed a crime similar to sedition' by criticising a verdict of the High Court, the ruling alliance MPs blasted the judge in the parliament and asked the Chief Justice to constitute judicial council for his removal.

Minister without portfolio Suranjit Sengupta, while speaking in the parliament on Tuesday, gave three days to remove Justice Chowdhury.

"Otherwise, the Section 96 of the 1972 Constitution will be revived," he said.

The Parliament had the power to impeach judges following the Section 96 of the 1972 Constitution. Military ruler Ziaur Rahman amended the provision throough Fifth Amendment and vested the power to the Supreme Judicial Council. Now, the President can ask the Chief Justice to constitute the Supreme Judicial Council, according to the Constitution.

On Tuesday's session the Workers Party MP Rashed Khan Menon raised the issue of Justice Chowdhury despite reservation of the Deputy Speaker, who was on the chair.

Then Suranjit, Tofail Ahmed and Sheikh Fazlul Karim Selim of Awami League, Mayeen Uddin Khan Badal of Jatiya Samajtantrik Dal and Mujibul Haque of Jatiya Party spoke on the issue and bitterly criticized Justice Chowdhury for his comment.

Other MPs, who were present in the House, were encouraging the speakers by thumping their tables when they were criticizing Justice Chowdhury or was mentioning the word 'impeach'.

Prime Minister Sheikh Hasina was in the House when the issue was raised, but she left as soon as the MPs started speaking on the issue.

Suranjit said, "I am drawing attention of the Chief Justice and I will say that he (Justice Chowdhury) has violated the Constitution. What was discussed in the Parliament that cannot judged. He has violated the Constitution by doing that. He cannot remain a justice anymore."

He urged the President Zillur Rahman and the Chief Justice Mohammad Muzammel Hossain to form Supreme Judicial Council to remove Justice Chowdhury.

"We'll wait for three days. We'll see whether the Chief Justice forms any Supreme Judicial Council. If he doesn't, we'll revive our right to save the sovereignty of parliament," Suranjit said.

"He who violates the Constitution should not be on that chair," he said.

"We have abandoned the right to impeach. But we can bring it back in five minutes," he added.

Tofail termed Justice Chowdhury 'sadist'. "He likes to insult others."

Calling Justice Chowdhury by his nickname 'Manik' Tofail said, "He is a lucky guy. Abdul Matin Khasru made him justice when he was the law minister. BNP did not confirm him. We confirmed him as High Court judge after we came to power this time."

"There is another one...Manzill Murshid. It seems that he has no other job to do. He reads newspapers, goes to Manik and gets rules issued," he said.

"He (Justice Chowdhury) punished a traffic police personnel by ordering him to perform sit-ups for not saluting him. This judge wanted a seat in the business class though he bought a third-class ticket," he added.

Earlier on the day, lawyer Manzill Murshid drew Justice Chowdhury's attention to newspaper reports on remarks of the Speaker when the court was dealing the petition of handing over a land occupied by the Sarak Bhaban under Communications Ministry.

The Speaker last week in Parliament criticised a High Court verdict over the ownership the land. In the verdict, the court ordered the Roads and Highways Department on May 29 to hand over the land to the Supreme Court, which the court said the original owner of the land.

Speaker Abdul Hamid then urged the court to reconsider the verdict and said people would stand against the judiciary if they get agitated with court verdict.

Criticising the Speaker, Justice Chowdhury on Tuesday said Hamid has instigated people against the Supreme Court and the government, which 'is a crime similar to sedition'.

Tuesday's discussion in Parliament on the issue started when Workers' Party MP Menon drew Deputy Speaker's attention on point of order. The Deputy Speaker, however, seemed unwilling to allow any discussion. "Nothing serious happened in Parliament so that you can raise point of order. The discussion can be held tomorrow," he said.

Menon said, "The Speaker did not ask anyone to stand against the court. He spoke about coordination among the administration, judiciary and parliament. So, such attitude towards the Speaker cannot be accepted."

The MPs shouted that they wanted to have a discussion.

Awami League MP Sheikh Selim said parliament should pass a motion seeking apology from Justice Chowdhury.

The Deputy Speaker said he would prefer a discussion on Wednesday as he knew nothing about the issue.

"There are news reports in the internet. We have copies. We are sending those to you," Selim replied.

JaSad MP Badal said, "Such signs were seen during the Pakistan period. It's a bad sign...when the government is trying to make everything right, they are being obstructed."

Jatiya Party's Mujibul said Justice Chowdhury had become a judge 'at the mercy' of the Awami League government. "He is mentally ill. He has no authority to go to court," he said.

He also demanded revival of the Section 96 of the 1972 Constitution to ensure accountability of the judges.

At the end of the discussion, Deputy Speaker Shawakat Ali said, "We'll take decision after talking with the Speaker."

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