Recently retired judge of the High Court, Justice Nozrul Islam Chowdhury, yesterday withdrew himself as a defence lawyer for war criminal Mir Quasem Ali.
He made the move days after Attorney General Mahbubey Alam pointed him out at court and said he was enjoying state facilities after retirement on December 12 last year.
The retired judge however told reporters that he was stepping down because the attorney general questioned his appearance, but added that practising law for the convicted war criminal was not against the constitution and ethics.
Attorney General Mahbubey Alam appreciated the decision.
Yesterday, on the third day of hearing on the appeal filed by Jamaat leader Mir Quasem, Justice Nozrul appeared before the chief justice-led five-member appeals bench and told the court: “Sorry, my lord. There are two other senior lawyers [for Mir Quasem]. I want to withdraw myself [from this case].”
The court then heard arguments from defence lawyer SM Shahjahan on the charges 4, 6, 7, and started on charge number 9 before adjourning proceedings until today.
Emerging from the courtroom, Justice Nozrul told reporters that the withdrawal decision was made due to adverse reactions. “As a retired judge and a lawyer, I have the right to practice. It is neither unconstitutional nor unethical.”
He claimed he attended hearings as a counsel in several other cases, in two of which the attorney general was his opposing counsel.
“It was uncalled for on his [attorney general] part to question the legal and ethical grounds in the appeal hearing... while ignoring in other cases,” he said.
Justice Nozrul represented Mir Quasem on February 10, when the attorney general drew the attention of the court on this regard. Terming the act “highly unethical,” he urged the court to consider whether Justice Nozrul could represent a person as a lawyer while enjoying the benefits.
Chief Justice Surendra Kumar Sinha said a retired judge can practice at Appellate Division but expressed hopes that all current and retired judges would abide by rules.
Yesterday, Mahbubey Alam said he still stood by his previous comment. “He [Justice Nozrul] took part in the hearing that day despite my objection. He knows better why he has decided to quit today… There was no pressure from the government,” he added.
