Dhaka University (DU) teacher Prof Mesbah Kamal has observed that a colonial style is still prevailing in the state of affairs of the judiciary as a justice here has yet to be tried for validating a military regime.
Mentioning that some justices had validated the military rules in the past, he said: “We have not brought any one of them to the book for these validations. Our court continues to function in the colonial style. The bugaboo of the court is prevailing here. But it has to be kept in mind that every one should be accountable.”
Mesbah Kamal, a professor of history, said this at a discussion titled “Constitution, Parliament and Independence” organised by the Bangla Tribune at its Panthapath office on Thursday afternoon.
He also came down hard on the Supreme Court for scrapping the 16th Amendment.
“The rights of parliament has been violated through the scrapping of the 16th Amendment. What we have here is a phantasmal object named Supreme Judicial Council. It is of no use.”
The 16th Amendment was passed by parliament on September 17, 2014, empowering the MPs to impeach the top court judges for incapability or misconduct via two-thirds majority.
A seven-member bench of the Appellate Division, led by Chief Justice Surendra Kumar Sinha, on June 3 upheld a High Court judgement that had scrapped the amendment, rejecting an appeal filed by the state.
The provision for Supreme Judicial Council to deal with impeachment matters was reinstated after the verdict.
Prof Mesbah Kamal also pointed out that the Awami League leaders are not on the right track in their criticism of the 16th Amendment verdict, saying: “It is my request to the Awami League leaders that they raise the issue of the rights of parliament. The Awami League general secretary has turned away from the central issue. They are arguing over the verdict’s observation. But the verdict needs to be reviewed.
“The chief justice in his observation has termed the country’s politicians immature. But I do not think our politicians are immature. It is the politicians who made the country independent. They have reinstated democracy.”
The chief justice has placed in the verdict’s observation some of his personal opinions which he should have avoided, added Mesbah.
Moderated by journalist Munni Saha, the discussion was also attended by former Justice AHM Shamsuddin Chowdhury Manik, Awami League Organising Secretary barrister Mahibul Hasan Chowdhury, DU teacher Prof Gobinda Chakraborty, journalist Swadesh Ray and Bangla Tribune Planning Editor Nazrul Kabir.
This article was first published on banglatribune.com