Dr Kamal Hossain yesterday formed a committee of lawyers to protest the government move to amend the constitution for restoring the parliament’s power on removing judges; however, pro-Awami League lawyers Barrister Amir-Ul Islam and Barrister Rokanuddin Mahmud, who were announced as joint conveners, declined to join the committee.
The committee was announced by BNP leader Barrister Mahbub Hossain following a discussion organised by Bangladesh Gonotantrik Ainjibi Samity at the Supreme Court Bar Association auditorium.
Barrister Amir-Ul Islam told the Dhaka Tribune that he had recommended against protesting the bill like political activists, but urged all lawyers to go for a constructive protest by preparing a charter where all the clauses would be present. It was “absurd” to join the committee as the announcement came from Barrister Mahbub, he added.
The views were also echoed by Barrister Rokanuddin, who said it was not the forum to form a committee, adding that they were not informed about the committee beforehand.
After the two senior lawyers declined to join the committee, former adviser to the caretaker government Barrister Moinul Hossain and Dr Shahdeen Malik were announced as the joint conveners.
Speaking at the programme, Dr Kamal strongly criticised the proposed bill, claiming that the government was passing the bill in a hurried manner and without discussing it with stakeholders and lawyers. Terming the bill “totally wrong” and full of wrong constitutional statements, Dr Kamal, who led the first constitution framing committee, said the bill was mistreating the seventh article of the constitution.
Also present there, lawyer Dr Shahdeen Malik claimed that the bill was nothing but a “fraud” to the nation.
Pointing out wrong information in the proposed bill, he said for Article 96, the revival of the 1972 constitution would not be possible as the latest amendment to the constitution extended the age limit for judges to 67, which was only 62 in the first constitution.
If the bill is passed by claiming that it would revive the 1972 constitution, it would be committing fraud with the constitution, he added.
According to the proposed bill, the section 2 says a judge shall not be removed from his office except by an order of the president passed pursuant to a resolution of parliament supported by a majority of not less than two-thirds of the total number of members of parliament, on the ground of proved misconduct or incapacity. According to section 3, the parliament shall by law regulate the procedure in relation to a resolution under clause 2 and for investigation and proof of the misconduct or incapacity of a Judge.
Mentioning these clauses, Barrister Rokon said the bill was not clear on how a government would be able to impeach any judge who is accused of misconduct, if the government did not have two-thirds majority in the parliament. He also quoted sources telling him that the judicial inquiry committee would be led by some former judges, a move he claimed was not good. Following the 15th amendment, it was impossible to bring back the constitution of 1972, Barrister Rokon added.
Barrister Amir, on the other hand, said the government should form a proper constitutional body to resolve the problem. Claiming that lawyers would not allow any extrajudicial methods where the issue was the judiciary and the constitution, he suggested the government to work on the Article 95 Section 2 (c), which has directives on making a law for judicial recruitment process. Barrister Amir also recommended all the lawyers to prepare a written paper on the existing article 95 and 96 as a charter for the independence of the judiciary.
Former adviser to the caretaker government, Barrister Moinul Hossain, accused the government of trying to “kill” democracy for the second time in Bangladesh’s history, adding that the government should be announced illegal and unconstitutional as they were not elected in a “proper way.”
President of Supreme Court Bar Association Advocate Khandakar Mahbub Hossain requested all to protest the bill for the sake of the independence of the judiciary and announced plans for holding rallies and processions to protest the judges’ impeachment bill.
The bill has already been sent to the Parliamentary Standing Committee on Law Ministry for its report within a week after scrutiny. If the bill is passed, the parliament would also be able to remove the chief election commissioner and commissioners of the Election Commission, the chairman and the members of the Public Service Commission, chairman and the commissioners of the Anti-Corruption Commission, and the Comptroller and Auditor General on similar grounds.
