CJ: Govt captured subordinate courts, now trying to take control over SC

Chief Justice Surendra Kumar Sinha has said the government has captured subordinate courts, and now it wants to take control over the Supreme Court. “The subordinate courts have 80% of the total number of judges and, on them the Supreme Court has no control. This matter should be on the agenda when the judiciary’s independence is discussed,” he said on Tuesday, when hearing an appeal filed against a High Court verdict scrapping the 16th amendment to the constitution that empowered Parliament to impeach Supreme Court judges. A seven-member bench, led by the chief justice, held the hearing on the government petition on the fifth day when the state side presented their arguments. He said that he was compelled to talk about the matter as the Supreme Court and subordinate courts have been crippled. Talking about a district, where the post of district and sessions judge has been lying vacant for the last five months, Sinha asked Attorney General Mahbubey Alam the questions: “Then how is the judiciary sovereign? Is the judiciary in an advantageous position in the district without the district judge?” Mahbubey Alam, who was representing the government during the hearing, prayed to the court to expunge some remarks made on criminal records of parliamentarians in the High Court verdict, saying the remarks were harsh. About the appeal’s verdict, Sinha said they would be cautious and keep the constitution in mind when they would deliver verdict. He said as the judiciary of a welfare state like Bangladesh, they consider many things when delivering a verdict. “We [judges] always cogitate so nothing can interrupt the state's function. Even, the judiciary has been tolerating incorrect laws of the country.” Sinha also said on many occasions they tolerated objectionable comments made by some of the ministers. “What I say as the chief justice is for the sake of the judiciary.” He criticised the law minister who recently said in a programme that “the judiciary is independent and salaries of the judges have been hiked.” When Attorney General Mahbubey Alam was assuring Sinha of being with the judiciary, Sinha replied:  “You are the law officer of the country.” Following the hearing, the bench also talked about Article 70 of the constitution, which allows the cancellation of membership of a lawmaker for voting against his or her party's decision in the House. He asked: “Why has the government not removed the article yet? “If the government cannot trust them, then where is the assurance that this [impeachment] will not happen to the judges? When Mahbubey Alam said “the president can remove a justice if he wants” as there is no law in this regard after the amendment was scrapped, the chief justice with a resentful look replied: “Will the president dismiss a judge without any law? How many thousand years do you want to take the country back? How do you think this?”