Attorney General Alam picks a fight with Chief Justice Sinha

Attorney General Mahbubey Alam has reminded Chief Justice Surendra Kumar Sinha that the top judge’s tenure ends in January as a debate boiled over into personal attacks.

The two launched themselves into a heated debate during the hearing of an appeal against the High Court verdict declaring illegal the 16th amendment to the constitution.

During the argument with the Appellate Division judges, who were visibly irritated by Alam’s insistence on deferment of the hearing, the top legal officer of the state also threatened to make a no-confidence plea against the bench.

In response to the attorney general's comments, Chief Justice Sinha said Alam was ‘inviting danger’.

Finally, after the debate that roiled the courtroom for some time on Tuesday, the court adjourned the hearing until May 21.

The attorney general has asked for more time and the presence of all seven Appellate Division judges for the hearing. 

The 16th Amendment, passed on Sept 17, 2014, allows parliament to remove top court judges by a two-thirds majority on grounds of incompetence and misconduct.

The spat

In the beginning of the hearing, the attorney general pointed out that two judges of the Appellate Division were absent. Five Appellate Division judges, including Justice Sinha, were present.

"It should be decided whether the matter of investigation into allegations against judges will be under the Supreme Judicial Council or under parliament's jurisdiction," the chief justice said.   

The attorney general then reminded him, "You are here until next January."

The chief justice said there cannot be 'any void' in the case because it relates to judges' discipline.

The powers to impeach Supreme Court judges were returned to parliament through the 16th Amendment three years ago.  

A High Court bench declared the amendment illegal on May 5 last year following a writ petition. Now the hearing of an appeal against the High Court verdict is under way.

On Monday, the attorney general's petition seeking deferment of the hearing was rejected. He also petitioned for the presence of all the seven judges of the Appellate Division at the hearing.

During Tuesday's proceedings, Mahbubey Alam said, "The number of judges in the Appellate Division is seven now. But only five are hearing."

"I will be forced to make a no-confidence plea if the trial continues in this way. You said that you all will hear it, but you are not. Where is the mistake in asking seven to hear the case?" he asked.  

The chief justice replied, "You are undermining the court."

The attorney general said: "No, I am not. Our plea is that some comments have been made about MPs in the High Court verdict."

The High Court said in the verdict that the ‘parliamentary mechanism’ to remove judges was ‘an accident of history’.

In reaction to the attorney general's comment on the verdict, the chief justice said the Appellate Division would take a look into anything controversial in the verdict.

Justice Md Abdul Wahhab Miah then said, "But we haven't yet heard the case."

The chief justice at this stage asked the attorney general to start the hearing. "You are delaying the hearing," he told Alam.

Speaking about the High Court verdict, the attorney general said, "The judiciary of no country should speak like this. I am helpless. It will not be fair if the hearing continues like this. Please don't force me to take part in the hearing."  

The chief justice said, "You are dragging the court to such a level that you yourself will be in danger."   

"Are you scaring me?" asked Alam.

He again raised the issue of the absence of the judges when the chief justice asked him to start the hearing by presenting the High Court verdict.

"You said that all seven will hear it, but you are not doing that. I said the hearing would end in May. But if this continues, I will have to withdraw myself from this case," he said.

"Why are you pushing so hard (for the presence of all seven judges)?" the chief justice asked and again told the attorney general to present the High Court verdict.

"I will present the verdict, but I need more time," Alam replied.

Justice Sinha asked why the attorney general was taking time to present written argument.

Mahbubey Alam replied that ‘the sky won't fall' if he is given two weeks.

"I hope they (the two other Appellate Division judges - Justice Nazmun Ara Sultana and Justice Syed Mahmud Hossain) will return by this time," he added. 

Justice Wahhab said: "You are the chief legal officer of the court. So you should not have said that you will withdraw yourself."

The attorney general replied: "I said this because there was no other way, when you said five of you will hear it."

Additional Attorney General Murad Reza then started reading out from the paper-book.   Later Amici Curiae Dr Kamal Hossain, M Amir-Ul Islam and Dr Abdul Wadud Bhuiyan presented their arguments.

The court then deferred the hearing to May 14, but on the attorney general's request, delayed it to May 21.

He later said, "I am urging you with hands folded together: Please hold the hearing with everyone." 

But the chief justice maintained that it cannot be a condition that all the judges must hear the appeal.

"Some of the judges can be sick, some can be abroad. One will retire in July. Some may be sick until July. The chief justice has to consider everything while conducting the court," he said.

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