Oath to 2 controversial judges, CJ be responsible if SC heated: SCBA

 Khandker Mahbub Hossain

BLHouse Report

The President of Supreme Court Bar Association (SCBA) of Bangladesh, Advocate Khandaker Mahbub Hossain, on Wednesday again warned that if the situation in the Supreme Court is heated for administering oath to two controversial High Court judges, the Chief Justice will have to bear the responsibility.

After meeting with Chief Justice ABM Khairul Haque on the issue, Khandaker Mahbub told reporters at his office in the SC that the country's lawyers would not accept sworn in of the two judges.

The SCBA President reiterated the warning at a time when the Chief Justice is taking opinions of the bar leaders and some other SC senior lawyers to set his mind how to resolve the issue, sources said.

The two additional HC judges, whom the President appointed on April 11 this year, are Advocate Ruhul Kuddus Babu and Advocate M Khosruzzaman.

The immediately retired Chief Justice Mohammad Fazlul Karim on April 18 sworn in 15 out of the 17 judges and refused to do so to two controversial judges citing 'unavoidable circumstances'.

However, the bar president urged current Chief Justice to refrain from administering oath to the two judges following his predecessor Mohammad Fazlul Karim.

As per a resolution passed by the SCBA, it declared to launch a series of tough movement including hoisting black flag in the court premises and boycotting the courts, if the CJ administers their oath.

The SCBA alleged that Ruhul Kuddus Babu was a prime accused in a murder case and other one was involved in HC vandalism on November 30, 2006.

The SCBA president also demanded restoration of the Article 116 of 1972 Constitution in the interest of establishing independence of the Judiciary.

He said, if the Article is restored, the Supreme Court would be authorised to appoint, transfer and promote the judges of the lower courts.

Currently, the President holds the job of appointing, transferring and promoting the judges in accordance with the advise of the Prime Minister and on political consideration, said Khandker Mahbub.

Judges are being appointed to the apex court on consideration of political background and family relations as there is no rule to appoint them, he said.

He urged the Chief Justice to take effective measures to formulate rules in appointing judges to the apex court, and to urgently appoint judges in the Appellate Division, where only three judges against a huge number of cases are on duty now.