Dhaka, April 25 (BDNEWS) – Bangladesh Bar Council, the highest professional body of lawyers of the country, has cancelled the enrolment certificate (Advocate ship certificate) of Justice Faisal Mahmud Faizee, an additional judge of the High Court, for taking the certificate by providing false information to the Bar Council.
Meanwhile, the Appellate Division Monday stayed for six months a High Court order that had declared illegal the President's order removing Syed Shahidur Rahman from the office of an additional judge of the High Court division.
Lawyers of the Supreme Court said this the first ever incident of canceling the enrolment certificate of any lawyer or judge in the history of Bangladesh.
Vice President of Bangladesh Bar Council Barrister Rokanuddin Mahmud said constitutional question has been raised on performing judicial function by Faisal Mahmud Faizee and he should not be treated a High Court judge anymore.
"As a lawyer, I have not experienced such an incident of canceling any advocate ship certificate for committing fraud. Faizee had hidden two years in receiving the enrolment certificate from the Bar Council. While taking certificate, he informed the Council that he was born on September 15, 1965 but according to his SSC certificate his date of birth is September 15, 1963. As per the rule 62(5) of the Bar Council Act, legal proceeding can be taken against any lawyer on charge of committing fraud," he told BDNEWS.
The Bar Council has also decided to file a criminal case against Justice Faizee for committing fraud in taking enrolment certificate.
Secretary to the Bar Council has already been authorized to file the case.
The Bar Council held a meeting Sunday night on the dispute of LLB certificate of Justice Faisal Mahmud Faizee.
The meeting condemned the incident of constituting a High Court bench by the Chief Justice for Justice Faizee in spite of having a dispute on his LLB certificate pending in the Bar Council.
On October 31, 2004, Chief Justice Syed JR Mudassir Husain withdrew Justice Faizee from the High Court bench in the face of demonstration and movement of the lawyers of the Supreme Court on the basis of newspapers' reports on the dispute of Faizee's LLB certificate.
Justice Faizee's father Advocate Mohammad Foiz filed a contempt of court case in the High Court against the Prothom Alo and the Bhorer Kagoj for publishing 'objectionable reports' about Justice Faizee.
Mohammad Foiz won the case.
The Chief Justice recently constituted a High Court bench for Justice Faizee.
The Bar Council, on November 4, 2004, issued a notice upon Justice Faisal Mahmud Faizee to show case as to why his enrolment certificate should not be cancelled for taking it by providing false information to the Bar Council.
The Council also asked him to inform it whether the Chittagong University had cancelled his original LLB certificate and mark sheet.
Justice Faizee did not make any reply to the show cause notice of the Bar Council.
The Bar Council held the meeting with its Vice Chairman Barrister Rokanuddin Mahmud in the Chair.
Council members Mahbubey Alam, Sahara Khatun, Yusuf Hossain Humayun, Mesbauddin Siraj, MA Salam, Jahurul Haque and Sarder Suruzzaman were present in the meeting.
The Supreme Court Bar Association (SCBA) has been boycotting the bench of Justice Faizee. The SCBA will continue their movement till disposal of the dispute on his LLB certificate.
BDNEWS/1807 hrs