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Published : 27 Dec 2017, 08:42 PM
On Wednesday, she explained the incident when she was stationed in Dinajpur before the bench of Justice Md Habibul Gani and Justice KM Kamrul Kader and verbally offered an unconditional apology. But the court expressed its ire over the verbal apology and ordered her to plead for forgiveness in writing and set Thursday for a ruling.
Supreme Court lawyers Syed Mahibul Kabir and Kazi Helal Uddin had brought to the court’s attention a newspaper report that Birganj Upazila Assistant Commissioner (Land) Biroda set up a mobile court and fined lawyer Nirod Bihari Roy Tk 500 or spend a day behind bars.
The report published on Dec 14 describes the incident that took place on Dec 12 at the office of Biroda during a hearing on land mutation.
According to the report, Nirod was supposed to represent his client at the hearing in Biroda's office. When he arrived in the office, the AC (Land) Biroda was hearing another matter.
After Nirod identified himself and sought permission to take a seat, the public servant told him to go outside.
Another lawyer, who was in the office then, said counsels usually wait inside the office. Biroda told him to ‘shut up’, according to the report.
An argument broke out between Biroda and Nirod over the matter, and the former hastily convened a mobile court and penalised the lawyer on charges of obstructing a public servant from performing duties.
The Dinajpur Bar Association immediately informed the deputy commissioner of the matter, following which Biroda was transferred to Bhurungamari Upazila in Kurhigram district.
The Supreme Court lawyers brought the matter to the High Court’s attention on Dec 17.
The judges also issued a rule asking why the sentencing of Nirod Bihari will not be declared illegal. Biroda was made a respondent to the rule.
“I have limited space in my room. There was no place to seat him (lawyer Nirod). There were three chairs in my room. All of them were occupied. So I told him to wait outside,” Biroda told the court on Wednesday.
She remained silent when the court wanted to know the size of her room.
The court told her that she cannot abuse the power that has been bestowed upon her. A court cannot punish a practising lawyer in this manner when he is on duty, it added.
Misuse of power is a common phenomenon now. Those who have the power tend to misuse it rather than apply it when needed, the court observed.
“I beg your apology if I have done a mistake or have hurt anyone while performing my duties as a government official,” said Biroda.
To this, the court ordered her to write down her explanations and file a petition for forgiveness. It set Thursday for hearing Roy again.
Lawyer Helal Uddin said: “We brought the matter to the court’s attention for safeguarding the honour of the lawyers. I believe that the Mobile Court Act has been violated in this case. The perpetrators must get exemplary punishment.”
Biroda's lawyer Mamun Mahbub said a written petition would be filed on Thursday.
