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Published : 13 Nov 2017, 03:18 PM
A bench of Justice M Enayetur Rahim and Justice Shahidul Karim published the schedule on Monday.
The High Court issued a rule on Oct 9 asking why the letter of the Supreme Court objecting to ACC’s probe into Justice Abedin should not be declared illegal.
“The High Court heard the rule on Oct 31 and will decide on the issue on Tuesday,” Assistant Attorney General Yusuf Mahmud Morshed told bdnews24.com.
The SC registrar general, additional registrar, ACC chairman and Justice Abedin were asked to respond within 10 days.
SC lawyer Md Badiuzzaman Tofadar drew the High Court’s attention toward the letter on Mar 28. The letter carries the signature of Appellate Division Additional Registrar Arunava Chakraborty.
The High Court sought guidance from Supreme Court Bar Association President Advocate Zainul Abedin, AM Amin Uddin and Prabir Niyogi during a hearing that started on Oct 19 and ended on Oct 31.
Justice Surendra Kumar Sinha, who resigned on Saturday amid criticism by the ruling party, also came under fire for issuing the letter to the ACC.
It was asked if the High Court had the authority to scrutinise the letter issued by the Supreme Court.
In response, Prabir Niyogi said: “This is an administrative order given by the chief justice. The High Court is authorised to scrutinise any administrative order.”
Joynul Abedin joined the High Court as a judge in 1991. He retired from the Appellate Division in 2009.
The ACC served notice on him in 2010 asking for an account of his wealth on suspicion that he had achieved assets beyond known sources.
Justice Abedin challenged the notice in the High Court on Jul 25, 2010. Justice Md Abdul Wahhab Miah and Justice Md Rezaul Haque heard his writ petition and dismissed it.
On Mar 2 this year, the ACC accused Abedin of money laundering and sent a letter to the Supreme Court seeking related documents.
In reply, in a letter signed by the then Additional Registrar Arunava Chakraborty, the SC said: “The Supreme Court feels that ACC must not take any action against former judge Joynul Abedin.”
The letter called on the law ministry and other authorities not to proceed with any investigation without consulting the Supreme Court in case charges of corruption or violation of code of conduct are raised against any official of the judiciary.
Justice SK Sinha, who was already criticised by the MPs for scrapping the 16th constitutional amendment, came under fire for “obstruction of justice”.
“By issuing the letter, Justice SK Sinha has hindered justice,” Agricultural Minister Matia Chowdhury said.
Lawyers claimed during hearings of the writ petition that the Supreme Court provided information on Justice Abedin to the ACC.
Justice Abedin secured bail in advance from the High Court as the threat of arrest loomed.
