Labelling him as an “actor,” an Appellate Division bench of the Supreme Court yesterday came down heavily on Attorney General Mahbubey Alam for seeking time repeatedly for the last four years on the government action regarding increase of retirement age of lower court judges.
One of the judges of the eight-member court, headed by Chief Justice Md Muzammel Hossain, termed the chief law officer of the state an actor during the hearing of Masder Hossain case, known as the judiciary separation case. Other judges echoed him.
The court fixed February 25 for further hearing in the case.
The Supreme Court on October 1, 2012 ordered the government to update the Judicial Service Rule providing provisions for the member of the judicial service by increasing the retirement age to 62 years. The government has yet to take any action regarding this recommendation.
In the beginning of the hearing, Chief Justice Muzammel Hossain said: “Mr Attorney General, I have been told that may be I will not see the implementation [of new retirement age] during my lifetime.
“Now I am saying...I hope you guys may see the implementation within your lifetime. It is a pious desire of a poor judge.”
Mahbubey Alam said: “I talked with them [ministry]. They said a law needs to be enacted. I said [formulation of] a regulation is enough.” At this point, he sought time until march.
Justice Md Imman Ali said: “With some degree of honesty please tell us how many years or days or months it will take. You are taking time for the last four years.”
The attorney general said: “Some steps have been taken...the announcement of increasing the retirement age is has been made.”
Justice Surendra Kumar Sinha said: “You are the chief law officer. It is your duty to make the government understand that an entire organ of a state cant be neglected like this. It is a simple matter. Why are these things happening like this?”
The attorney general then said: “Mr Anisul Haque [law minister] is looking into the matter.”
The chief justice said: “We believe in continuous harmonious relation with the different organs of the state.”
Justice Md Abdul Wahhab Miah said: “It has become common phenomenon for you to take time. I admit that previously we did not press you so seriously.
“There are some actors whose names [popularity] reflect their acting capacity. We went to watch [a film] only if Uttam Kumar and Suchitra Sen starred. Seeing the attorney general, we can assume that he will act for seeking time.
“You are a good actor. You always stage an act to take time.”
Chief Justice Muzammel Hossain said: “Our attorney general’s face is Masha’Allah beautiful. But from my experience I can say his acting is like [Awami League lawmaker] Chhobi Biswas not like Uttam Kumar.”
At this point, Barrister Amir Ul Islam read out from the Masder Hossain case. He said: “Everything is been done...but what is the obstacle? My concern is the future of the republic, not my client. Element of anarchy must be removed. There is disease, it has to be identified and corrected.”
The chief justice said: “It is in a process. We want to ask the attorney general how much time it will take to finish the process.”
Mahbubey then said: “[It is a] political government. All decision are taken by the cabinet and the prime minister.”
He then sought time until the middle of March.
The chief justice said: “You are seeking time until the middle of March. A long vacation will start just after that time. You and everyone else will forget about the matter. I am giving you time until February 25.”
The tenure of Chief Justice Muzammel Hossain expires tomorrow. Justice Surendra Kumar Sinha will swear in as the new chief justice on Saturday.
