Redundant agitation in judicial arena should be avoided

by Md. Nazrul Islam Khan
October 27, 2010

http://www.weeklyblitz.net/1056/redundant-agitation-in-judicial-arena-should-be

The confidence of people in apex court possesses paramount significance in democratic society. The judiciary in Bangladesh entertains supremacy over other organs of government although it has no instrument to ensure as well as enforce its supremacy and that's why, if it losses public confidence then moral strength of the judiciary bound to be highly prejudiced. It needs to be noted that bench and bar are the two integral parts of judiciary and therefore, any one irrespective of his identity should not utter anything unwanted concerning bench or bar of apex court as otherwise its dignity shall be minimized.

In fact, Supreme Court is the fountain of justice and for its effective functioning sound atmosphere needs to be observed in its sacred premises. Any utterance that may interfere in the administration of justice should be discouraged. Failure in this regard shall negatively affect litigant public and furnish golden opportunity for hidden enemies to secure ulterior motives. A few days back in the farewell of ex-Chief Justice Md. Fazlul Karim Attorney General delivered a controversial speech which was strongly opposed as well as criticized by the bar and conscious citizens. He criticized Mr. Karim for his refusal to give oath to two newly appointed judges to the High Court Division. One of them is allegedly committed murder and another is an accused of vandalizing Chief Justice's courtroom. In reality, if these two persons were given oath by the then Chief Justice then unquestionably public confidence in the apex court as well as its dignity would be miserably injured. Lawyers possess the right to criticize any unfair action of judges but they should "use appropriate language, and avoid petty criticisms, for unrestrained and intemperate statements tend to lessen public confidence". [(1997) 25 Hofstra Law Review 785]. The 'Canons of Professional Conduct and Etiquette 1969' provides: "It is the duty of an Advocate to maintain towards the courts a respectful attitude, not for shake of the temporary incumbent of the judicial office, but for the maintenance of its supreme importance. Judges not being wholly free to defend themselves are peculiarly entitled to receive the support of the Bar against unjust criticism and clamour". However, the President of Supreme Court Bar Association aptly praised the role of Mr. Karim to protect and preserve honor, prestige and dignity of the apex court by not giving oath to the two. Barrister Rafiqul Haque, a veteran lawyer, sturdily destined Attorney General by saying that the words used by the AG cannot in any sense be treated as words of a 'gentleman'. The action of Mr. Karim was highly praised by divergent sections of people whereas regrettably the AG condemned him for violation of the Constitution. Such utterances generate agitation in Supreme Court premises that needs to be avoided, indeed.

A pleasant relation between bench and bar is significant as they are "the two inextricable wings of the judicial forum and therefore the ...mutual respect is the sine qua non for the efficient functioning of the solemn work carried on in courts" and the roles performing by President of Supreme Court Bar Association is momentous is this regard. Recently, government appointed ABM Khairul Haque as Chief Justice of Bangladesh superceding two senior judges of the Appellate Division and to face such undesirable plight the actions taken by the President of Supreme Court Bar Association Khandker Mahbub Hossain were greatly appraisable. He cautioned that if the appointment was made with ulterior motive to appoint him in the office of Chief Adviser of Caretaker government, it might lead the nation to terrible plight as like the past. He also strongly criticize this unwanted appointment of the government but simultaneously congratulated the newly appointment Chief Justice through a traditional formal ceremony to preserve the dignity of Chief Justice's office and the apex court. Such positive attitude is highly required for maintaining good relation between bench and bar. The stout voice of Mr. Hossain against violation of human rights, political oppression, extra-judicial killings and torture in police custody already ensured a respectable place in the heart of peace loving people of Bangladesh . He is known as a prominent as well as honest lawyer in the bar who during the last Army backed regime daringly refused to accept the office of Adviser and inevitably experienced harsh consequence in bar association election that was held in that period. Allegedly the result of the election was manipulated by DGFI, an intelligent wing of Bangladesh Army. But surprisingly Ashraful Islam, Minister of LGRD as well as Secretary of the ruling party termed Mr. Hossain as an 'agent' of DGFI without producing slightest evidence in support of his objectionable allegation.

Character assassination has becomes a widespread phenomenon since a few years in political arena of Bangladesh . People at a large number aborted their interest as well as respect in politics due to such shameless mala fide practice although most of the politicians hardly realize the prevailing scenarios. In fact, when elected representatives are very often engage in quarrels with opposition in undesired manner by uttering scandalous and even in some cases rough words then inevitably politics and politicians are bound to face such consequence. A colossal number of People desert respect towards politics but they still retain it towards the judiciary and that's why, it is humbly requested not to import the politics of character assassination at least in the solemn premises of the Supreme Court.

The utterance of Mr. Ashraful causes agitation in the lawyers' communities all over Bangladesh especially in the bar of apex court. Simultaneously it discloses that a chief intelligent wing of the Army is staying beyond order of the government which in any sense may not be treated as a good indication. It may be recommended that redundant agitation both in Supreme Court and defense forces should be avoided for greater interest of the people.

Writer can be reached at: nikhan_law @yahoo.com

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