Law secy takes responsibility for sacking of two judges
September 14, 2009 00:00:00
The government confessed before a parliamentary body that it had violated constitution in sending two judges into forceful retirement late July, reports bdnews24.com.
Law Secretary Kazi Habibul Awal admitted procedural mistakes and took "all responsibilities" for the irregularities done to sack the judges for demonstrating against a government's decision on separation of the judiciary from the executive on July 30.
"As the law secretary has shouldered all responsibilities for the irregularities and the violation of constitution, we have disposed of the matter.
"Therefore, the committee unanimously decided that the Prime Minister's Adviser HT Imam and Establishment Secretary Iqbal Mahmud need not appear before the committee," Suranjit Sengupta, chairman of the parliamentary standing committee on law ministry, told reporters after the meeting at parliament building.
State Minister for Law Quamrul Islam was present while Suranjit was briefing journalists.
"Better, you interpret," Qamrul told reporters as he was asked whether the committee reproved his ministry for the violation of the constitution in sacking the judges.
The government sent Dhaka District and Sessions Judge Mohammed Abdul Gafur and Gazipur District Women and Children Repression (Prevention) Tribunal Judge Mohammed Shahjahan into retirement on July 30 without the consent of the Supreme Court, a decision that was overturned just days later.
They are also Bangladesh Judicial Service Association president and secretary general respectively.
The two judges had led a demonstration at the law ministry protesting certain procedures in the government's separation of the judiciary from the executive.
Supporters of two judges opposed the decision to retire them and issued a deadline for their reinstatement. The government reinstated the two on August 2.
The parliamentary standing committee at its meeting on August 27 decided to invite HT Imam, Law Secretary Kazi Habibul Awal and Establishment Secretary Iqbal Mahmud to clear their position.
Suranjit earlier said HT Imam initiated the file to sack the two judges without the knowledge of law minister and state minister for law.
He also said the government did not take suggestion from the Supreme Court, as per the constitutional guidelines, before sacking the judges since the judiciary was separate from the executive.
Imam in reply told journalists that the decision to sack the judges had come from the highest level of the government.
He said the two judges were reinstated after they had sought amnesty from the Prime Minister, Imam said.