Dr Kamal Hossain-led lawyers’ efforts to ‘protect judiciary’ stumble

Efforts of lawyers opposed to the upcoming constitutional amendment to band together and form a resistance has got off to a terrible start.

Kamal leads ‘all-party’ lawyers

Though lawyers from various political platforms, including some pro-government ones, took to the same stage on Tuesday at the Supreme Court, chaos ensued as soon as a committee was announced.

The amendment aims to restore Parliament's power to remove judges.

An ‘all-party’ committee 'to protect the independence of the judiciary' with Dr Kamal Hossain as its head was announced at this meeting organised by the Bangladesh Ganatantrik Ainjibi Samiti (democratic lawyers’ association).

Bangladesh Bar Council Vice-Chairman Khandker Mahbub Hossain announced pro-Awami League lawyers Barrister Amir-Ul Islam and Barrister Rokanuddin Mahmud as joint conveners of the committee.

The duo took part in the meeting and made speeches but later said they wanted no part in this committee.

Sammilita Ainjibi Samannay Parishad leaders were present at the discussion. But no other leaders from the faction led by Abdul Baset Majumder were there.

Khandker Mahbub Hossain is also the president of Supreme Court Bar Association (SCBA) and an advisor to BNP Chairperson Khaleda Zia. He is saying Rokanuddin and Amir-Ul were with him in the beginning but changed their mind under "political pressure".

Kamal Hossain, who played a vital role in drafting Bangladesh's first Constitution, was named the committee's convenor.

Ganatantrik Ainjibi Samiti's (faction) President Subrata Chowdhury said the committee was an 'impromptu' announcement and he was not completely agreeing with it.

The first Constitution in 1972 gave Parliament the authority to settle the tenure of top judges and decide about their removal.

The president was then vested with the power through the Fourth Amendment to the Constitution in 1975.

After military ruler Ziaur Rahman usurped state power, the Fourth Amendment was annulled and a Supreme Judicial Council was formed following an order to enforce the impeachment rule, which is still in effect.

The ruling Awami League is now trying to hand the power back to Parliament.

The lawyers' move to form the committee was made after the 'Constitution (16th Amendment) Bill-2014' was tabled in Parliament for passage on Sunday.

Khandker Mahbub had announced the names of Amir-Ul Islam, another member of the body that drafted the 1972 Constitution, and Rokanuddin Mahmud as joint convenors of the committee.

Islam is a former Awami League MP. Mahmud is a former president of the SCBA with the ruling party's backing.

Along with Khandker Mahbub, former caretaker government advisor Barrister Mainul Hossein and Supreme Court lawyer Dr Shahdeen Malik were made joint convenors.

SCBA Secretary AM Mahbub Uddin Khokon is the member secretary. This former MP is also the BNP's Joint Secretary General.

Subrata Chowdhury, president of a faction of the Ganatantrik Ainjibi Samiti, a member of the pro-government Sammilita Ainjibi Samannay Parishad, was made the Assistant Member Secretary.

All of them were present at Tuesday's programme where the committee was announced.

Despite his attendance, Amir-Ul Islam later told bdnews24.com that no-one discussed the matter with him or Rokanuddin Mahmud before forming the committee.

He said he would not be part of it.

"Barrister Khandker Mahbub Hossain announced the committee. We didn't go there at his invitation. We went there just to attend the discussion."

Mahmud has also confirmed bdnews24.com that he would not be a member of the committee.

"What committee? I went to a discussion and gave my opinion. Who is Khandker Mahbub to announce a committee? They are just taking advantage of the situation," he said.

'They were pressurised'

Khandker Mahbub claimed that while Amir-Ul and Rokanuddin did not say ‘no’ when the committee was announced, perhaps they had changed their views because of political pressure.

"But they're included in the committee now. They might resign if they want," he said.

Mahbub claimed he had spoken to Subrata Chowdhury and Kamal Hossain before announcing the committee.

'It's an impromptu committee'

Ganatantrik Ainjibi Samiti's (faction) President Subrata Chowdhury told bdnews24.com the committee was an instant decision.

"They did it on the spot. This is wrong, because it was our meeting. He (Khandker Mahbub) made the announcement," he said.

He said the movement would be carried forward by former SCBA presidents. "If they feel the committee should stay, it will stay."

Kamal Hossain could not be reached for comments. His office said they could not comment on the political issues, only legal ones.

Shahdin Malik was also unreachable on the phone.

'Supreme Court was immature'

Amir-Ul Islam said he was opposing a law he helped write in 1972 because it was needed back then as the Supreme Court was ‘immature’.

In his speech, he said, "When we wrote the Constitution, we kept the impeachment to Parliament because the Supreme Court wasn't mature."

"In 95 (2) (c) we had written about introducing laws to appoint judges, but it didn't happen. They appointed judges by advertising and holding interviews in London," he said.

Kamal Hossain advised not to rush with the constitutional amendment.

He criticised the law minister, saying, "He has practiced law here for a long time. He cannot have forgotten the law over there."

"They should take time to Amend constitution. Why do they have to do it within 3-7 days? Amendment must be discussed and deliberated upon," he said.

He warned the government that an amendment based on majority did not make it legal.

"In 1988 Parliament pushed the Eighth Amendment through with a majority, but later it was announced unconstitutional," he said.