Sunday, 24 October 2010

Senior lawyers on oath to two judges : New CJ not involved in consultation or controversy

New Nation Report

A new question being raised by some senior lawyers of the Supreme Court is whether the new Chief Justice is under constitutional obligation to administer oath as he was not party to the constitution process with the President in respect of the two judges appointment earlier and against whom objections were voiced by the Supreme Court Bar Association.

What kind of consultation took place between the President and the now retired Chief Justice Mr. Mohammad Fazlul Karim and why he did not administer oath to those two judges are not matters known to the new Chief Justice Mr. A.B.M. Khairul Haque.

There is no such precedent where the Chief Justice administered oath to a judge not appointed in consultation with him. So the position taken by these senior lawyers is that fresh consultation with the new Chief Justice will be necessary. They do not want to be quoted saying that as the matter is very sensitive for the lawyers as well as the judges. They are anxious to see a way out which will be honorable for all sides. But they are anxious to see a way out which will be honoured for all sides.

The government or the law ministry will be wrong not to appreciate the difficult position of the new Chief Justice. He was not a party to the consultation with the President and he should not also be made a party to the controversy, they say.

Dr Kamal Hossain who was abroad said he would speak on the matter after he comes back home. Barrister Mainul Hosein said the new Chief Justice had consultation with him but declined to detail on it. Other former presidents of the Supreme Court Bar Association declined making any remark on the said consultation.

Sources from the Supreme Court Registrar's Office told the News Nation that many lawyers came to the office of the new CJ to felicitate him, some others were personally invited by the Chief Justice for consultation. None was officially invited, they said. Secretary of the SC Bar Barrister Badruddoza called on the CJ on Thursday. President of SCBA is expected to see the Chief Justice today.

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