Law minister shows Chief Justice Sinha's leave application to journalists

Law Minister Anisul Huq has shown Chief Justice Surendra Kumar Sinha's leave application to the media amid allegations that the government forced him to go on leave for a month.

Senior Correspondentbdnews24.com
Published : 4 Oct 2017, 02:26 PM
Updated : 4 Oct 2017, 08:08 PM

The minister first read out the application the chief justice sent to the president while briefing the press at the Secretariat on Wednesday and then put it up in front of the cameras with a smiling face.

Later, the journalists flocked around Law Secretary ASSM Zahirul Haque, who was holding the application, to take a snap.

The application written in Bangla says the chief justice underwent cancer treatment for a long time and he was also dealing with various physical problems for quite some time.

He sought leave from Oct 3 to Nov 1 to take rest.

The government on Monday issued a circular saying President Md Abdul Hamid granted Justice Sinha leave and therefore Justice Md Abdul Wahhab Miah, the senior most judge after Justice Sinha in the Appellate Division, would act as the chief justice.  

Sinha, who is known for speaking out his mind, on various occasions became critical to the government for “undermining” the judiciary. He has three months to go on retirement.

He became the centre of political discussions for some of his observations made in the appeals verdict upholding annulment of the 16th constitutional amendment, a move widely seen as a significant blow to the government.

The Awami League-led government had passed the amendment in 2014, to empower parliament to sack top judges over misconduct or incapacity.

Some of the chief justice's observations in the verdict have antagonised stalwarts in the ruling Awami League.

Journalists flock around Law Secretary ASSM Zahirul Haque, who holds the application, to take a snap.

Pro-Awami League lawyers had threatened to start a campaign against him after the court's vacation phase, which ended on Monday.

After the court resumed on Tuesday, Supreme Court Bar Association, controlled by pro-BNP lawyers, called an 'emergency meeting' and alleged the government forced Justice Sinha to go on leave for the 16th amendment verdict.

The law minister denied the allegation, saying Justice Sinha's leave application had no connection with his observations in the judgment.

'Sinha sick at home'

After he showed the letter to the media, the journalists asked Law Minister Huq about the whereabouts of Justice Sinha.

"As far as I know, the chief justice is at home and sick. A doctor visited him yesterday (Tuesday) and was scheduled to revisit him today," he replied.

Asked why Justice Sinha was not admitted to a hospital, the law minister replied, "That's something he can clarify. I can't say why he did not go to a hospital."

Huq said he would go to visit Justice Sinha 'soon' after getting the doctor's clearance. "I am communicating with the doctor," he said.

Chief Justice Surendra Kumar Sinha (File Photo)

The minister said the illness is never a regular issue. "We know that recovery from cancer is a lengthy process and various complications follow it."  

"Now, I see he has put himself in trouble by becoming ill," said a smiling Huq.

Reacting to the BNP accusation about Justice Sinha's leave, the law minister said, "It's regrettable. Illness is a personal matter all over the world and privacy is encouraged in conversations on such issues. That's the norm.

"As the BNP has spoken in this way violating the norm, I have only one thing to say - Please don't politicise this issue because the chief justice himself says he is ill."

"Let's pray for Chief Justice Surendra Kumar Sinha's recovery. That's what we should do. We should not politicise it," the law minister said.

'No vacuum'

The law minister said "neither any rule was breached nor any vacuum was created" in making Justice Wahhab Miah the acting chief justice following the Constitution.

"It would have been a vacuum if the judicial system of the Supreme Court stopped functioning. The High Court Division and the Appellate Division are functioning properly after a judge has taken charge as the chief justice temporarily. There is no vacuum," Minister Huq said.

The law minister said the Supreme Court registrar's office communicated with the government for the appointment of a chief justice on a temporary basis when Justice Sinha sent the letter seeking leave to the president.

A journalist brought the law minister's attention to allegations that "Justice Wahhab Miah had issued verdicts in favour of war criminals".

Huq said, "The most senior judge has to take charge as the chief justice in case of his absence following the Constitution, even if he is controversial."  

'No speculation'

The law minister declined to comment on whether Justice Sinha would seek an extension to his leave or resign after the end of his leave.

"He hasn't submitted resignation letter yet. I don't want to make any speculation about this," Huq said.

"I hope his sickness does not reach such a degree that he has to resign. I hope he recovers," he added.

Asked again whether Justice Sinha would seek an extension of his leave, the law minister said, "I don't want to make any speculation on any matter."

He said he "did not know anything" about speculations that Justice Sinha was going abroad.

In reply to allegations that Justice Sinha was put under house arrest, he said, "No, surely not."