The government has confessed before a parliamentary body that it violated constitution in sending two judges into forceful retirement late July. 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 H T 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 judges Gafur and Shahjahan opposed the decision to retire them and issued a deadline for their reinstatement. The government reinstated the two on Aug 2. The standing committee at its meeting on Aug 27 decided to invite Imam, law secretary Kazi Habibul Awal and establishment secretary Iqbal Mahmud to clear their position.

Suranjit earlier said H T 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 came 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.

-bdnews

Sacking of Judges: JS body drops issue as Law Secretary admits mistake: HT Imam exempted from appearance

The New Nation: The government has confessed before a parliamentary body that it violated constitution in sending two judges into forceful retirement late July. 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 H T 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 judges Gafur and Shahjahan opposed the decision to retire them and issued a deadline for their reinstatement. The government reinstated the two on Aug 2. The standing committee at its meeting on Aug 27 decided to invite Imam, law secretary Kazi Habibul Awal and establishment secretary Iqbal Mahmud to clear their position.

Suranjit earlier said H T 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 came 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.

Govt admits violation of constitution

The New Age: The government on Sunday admitted that it had violated constitutional provisions by sending two district judges into forced retirement in July without consulting the Supreme Court. Law secretary Kazi Habibul Awal appeared before the parliamentary committee on law, justice and parliamentary affairs ministry and made the admission while explaining the perspectives of the removal of the two judges, who were reinstated later on.

‘The law secretary confessed to us that there was a procedural mistake [in sending the judges into retirement] and he shouldered all responsibilities to this effect,’ Suranjit Sengupta, chairman of the committee, said after a meeting at the Jatiya Sangsad. Prime minister’s adviser HT Imam and establishment secretary Iqbal Mahmud, however, did not turn up in Sunday’s meeting. The parliamentary panel would not need to hear out them since the issue was settled in Sunday’s meeting, the chairman said. All the three were summoned by the committee on August 27 for a hearing on the issue, which sparked off widespread public and media criticisms and put the role of the prime minister’s adviser in question.

The law secretary gave explanations exclusively to the members of the panel and assured that there would be no recurrence of such actions in future, meeting sources said. ‘He has also made an apology saying he did not do anything with mala fide intention,’ a member of the parliament, who was present at the meeting, said. The parliamentary committee in its August 27 meeting had pointed out that the government did not follow the constitutional provisions while removing the judges and decided to summon the law and establishment secretaries as well as HT Imam, establishment and administrative affairs adviser to the prime minister.

The committee chairman had said that the decision of the removal of the judges was taken without the knowledge of the minister and the state minister of the ministry. He also said the government did not consult the Supreme Court, as per the constitutional provisions, before sending the judges into retirement. In an immediate reaction to the JS panel’s subpoena and public confusion about his role in the process, the prime minister’s adviser then said that the decision of removing the judges came from the highest level of the government.

‘As the law secretary has shouldered all responsibilities for the irregularities and the violation of constitution, we have settled the matter after a threadbare discussion covering all perspectives,’ the committee chairman said after Sunday’s meeting. He added that now the committee would not need to listen to the establishment secretary and the prime minister’s adviser.

Dhaka district and sessions judge Mohammed Abdul Gafur and Gazipur district women and children repression (prevention) tribunal judge Mohammed Shahjahan were sent into retirement on July 30 without the consent of the Supreme Court, a must in case of removing sitting judges. The two judges, as the leaders of Bangladesh Judicial Service Association, had led a demonstration at the law ministry protesting certain procedures in the separation of the judiciary from the executive.

Asked whether the committee would recommend any punitive measure against the law secretary, the chairman said, ‘As he admitted the mistakes which were later corrected, there is no need for punishment.’ He said that was a human error and the secretary assured that such mistakes would not repeat. The committee unanimously settled the issue and the crisis is over now, said Suranjit, adding that the parliamentary committee has furnished its responsibility as vested in it by the people. Asked for comment, state minister for law Quamrul Islam, who was also present at the meeting, said he has nothing to say.

Law secy says sorry

The Daily Star: Law Secretary Kazi Habibul Awal apologised to a parliamentary committee yesterday for his role in sending two district judges into retirement without following due legal procedure. He promised that such incident will not occur in the future. "Since I am the secretary [of the law ministry], I am taking all responsibility for whatever happened--right or wrong. Forgive me and forget if there was anything wrong," Awal was quoted by a lawmaker as telling a meeting of the parliamentary body.

At the meeting held in camera, the parliamentary standing committee on law, justice and parliamentary affairs ministry was convinced by the law secretary's confession and decided not to proceed further with the issue, members of the committee said. The meeting also decided not to ask prime minister's adviser HT Imam and Establishment Secretary Iqbal Mahmud to appear before the committee to explain their roles in the incident.

The parliamentary body on August 27 decided to investigate the roles of the three in sending judges Shajahan Hossain Saju and Abdul Gafur into retirement without consultation with the Supreme Court. The two judges eventually got back their jobs. "We do not want to discuss the issue further as the law secretary took all responsibility for irregularities and unconstitutional actions in sending the two judges into retirement," Suranjit Sengupta, chief of the parliamentary body, said at a short briefing after the meeting held at the Jatiya Sangsad Bhaban. Asked if any action will be taken against the law secretary, Suranjit said, "We do not want to put him in another dock since he took all responsibility."

Talking to The Daily Star over telephone, former law minister and committee member Abdul Matin Khasru said the matter has been disposed of following the law secretary's submission. State Minister for Law Quamrul Islam, committee members Fazle Rabbi Mia and Nurul Islam Sujan were present at the briefing at the parliament's media centre. Committee sources said the law secretary came under fire at the meeting for his involvement in the incident. A number of committee members said the prime minister was misguided in preparing the order for sending the judges into retirement and later her name was misused to defend the decision.

A day after the parliamentary body decided to investigate the role of the premier's adviser and the two secretaries, HT Imam claimed at a press conference that the judges were sent into retirement on orders of the prime minister and that it was lawful. "We are surprised to see how HT Imam misguided Prime Minister Sheikh Hasina," committee member and BNP lawmaker Salauddin Quader Chowdhury told The Daily Star after the meeting.

He said the prime minister goes through every page of a document. "I think Imam misguided her in a surreptitious way." Examining the documents on the issue, the parliamentary committee concluded that sending the two judges into retirement without following due legal procedure was unconstitutional. "It was done with a mala fide intention," committee member Fazle Rabbi told The Daily Star after the meeting, referring to the long-standing conflict between the law secretary and Bangladesh Judicial Service Association.

The law secretary at the meeting, however, claimed that as a public servant he performed his duty in connection with sending the judges into retirement "without any mala fide intention", a committee member said. In a surprise move on July 30, the government sent the two judges into retirement for their involvement in the judicial service association's demonstration at the secretariat on July 27.

The two judges--Shajahan Hossain Saju and Abdul Gafur--are president and secretary of the association. In the face of strong criticism, the government however reinstated them after two days. The documents submitted at the committee's meeting yesterday show that the Supreme Court was not consulted before taking the action against the judges and that HT Imam initiated the process by sending a note to the law secretary through the establishment secretary. The Daily Star obtained copies of the documents.

The adviser in his note said the prime minister ordered to send the two judges into retirement under section 9(2) of the Public Servant Retirement Act 1974 on consideration of the report of National Security Intelligence and information received from other agencies. The establishment secretary forwarded the note to the law secretary, who prepared the summary report on sending the judges into retirement. After taking signatures of the law minister and state minister for law, the file was placed before the president for his consent. The president gave consent and signed the file.

Law Secy admits mistake

The Indepedent: The secretary of the law ministry has made full confession before a parliamentary watchdog body that the decision of sending two judges to forced retirement was illegal and in violation of the Constitution. He admitted procedural mistakes and took full responsibility for ordering retirement.

Chairman of the parliamentary standing committee on law, justice and parliamentary affairs ministry Suranjit Sengupta said at a press briefing yesterday that the law secretary has confessed and accepted responsibilities for sending two judges to forced retirement illegally. "So the parliamentary committee will not call prime minister's adviser HT Imam and establishment secretary Iqbal Mahmud to listen to their explanation about the matter," Suranjit said.

The standing committee at its meeting on August 27 decided to invite Imam, law secretary Kazi Habibul Awal and establishment secretary Iqbal Mahmud to clear their position. The members of the parliamentary committee are working to establish a transparent democracy in the country. The parliamentary committees can play very important role to establish the rule of law and democracy. Some relevant laws should be enacted to make the parliamentary committees more effective, he added.

State minister for law Advocate Kamrul Islam accompanied Suranjit during the press briefing. The committee held a meeting before the briefing. Committee members law minister Barrister Shafique Ahmed, state minister Advocate Kamrul Islam, Abdul Matin Khasru, Advocate Rahmat Ali, Fazle Rabbi Miah, Nurul Islam Sujan, Sheikh Fazle Nur Tapash and Ziaul Huque Mridha were present at the meeting which was presided over by Suranjit Sengupta.

The government sent Dhaka district and sessions judge Mohammad Abdul Gafur and Gazipur district women and children repression (prevention) tribunal judge Mohammed Shahjahan to forced retirement on July 30 without the consent of the Supreme Court. 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 judges Gafur and Shahjahan opposed the decision to retire them and issued a deadline for their reinstatement. The government reinstated the two on August 2.