e_Paper, Saturday, August 26, 2017

News 5
SATURDAY, AUGUST 26, 2017
DT
Panel members at the roundtable on ‘Constitution, Parliament and Independence’ at Bangla Tribune office building on Thursday
‘Judiciary still in colonial garb’
• Tribune Desk
EVENTS
Dhaka University (DU) teacher
Prof Mesbah Kamal has observed
that a colonial style is still
prevailing in the state of affairs
of the judiciary as a justice here
has yet to be tried for validating a
military regime.
Mentioning that some justices
had validated the military rules
in the past, he said: “We have not
brought any one of them to the
book for these validations. Our
court continues to function in the
colonial style. The bugaboo of the
court is prevailing here. But it has
to be kept in mind that every one
should be accountable.”
Mesbah Kamal, a professor of
history, said this at a discussion titled
“Constitution, Parliament and
Independence” organised by the
Bangla Tribune at its Panthapath
office on Thursday afternoon.
‘Observation of 16th Amendment verdict is CJ’s personal’
AHM Shamsuddin Chaudhury Manik
NASHIRUL ISLAM
Prof Mesbah Kamal
He also came down hard on the
Supreme Court for scrapping the
16th Amendment.
“The rights of parliament has
been violated through the scrapping
of the 16th Amendment.
What we have here is a phantasmal
object named Supreme Judicial
Council. It is of no use.”
• Tribune Desk
EVENTS
Former justice AHM Shamsuddin
Chaudhury Manik has claimed that
the observation made by the chief
justice on the 16th Amendment verdict
is his personal. Shamsuddin said
the language in which the observation
was written was not reflective
of the chief justice’s own words.
Shamsuddin made the statements
at a discussion organised by
the Bangla Tribune, titled “Constitution,
Parliament and Independence,”
on Thursday.
He said: “According to Article
7 of our Constitution, the republic
belongs to the common people
NASHIRUL ISLAM
The 16th Amendment was
passed by parliament on September
17, 2014, empowering the MPs
to impeach the top court judges
for incapability or misconduct via
two-thirds majority.
A seven-member bench of the
Appellate Division, led by Chief
Justice Surendra Kumar Sinha,
on June 3 upheld a High Court
judgement that had scrapped the
amendment, rejecting an appeal
filed by the state.
The provision for Supreme Judicial
Council to deal with impeachment
matters was reinstated after
the verdict.
Prof Mesbah Kamal also pointed
out that the Awami League leaders
are not on the right track in their
criticism of the 16th Amendment
verdict, saying: “It is my request
to the Awami League leaders that
they raise the issue of the rights
of parliament. The Awami League
general secretary has turned away
from the central issue. They are
which makes parliament very vital
as it represents the people. Parliament
appoints the president who,
in turn, appoints others.”
Shamsuddin also said: “The
chief justice has raised a number
of unpopular arguments in the
observation of the 16th Amendment
verdict. This reads more like
his personal observation and not
the Supreme Court’s. Chief Justice
Sinha has written many things
there which go beyond the verdict,
and are not acceptable. We have
many imperious politicians in our
parliament. However, he called
them immature.”
When asked about the language
of the chief justice’s observation,
the former judge said: “I have
SAZZAD HOSSAIN
arguing over the verdict’s observation.
But the verdict needs to be
reviewed.
“The chief justice in his observation
has termed the country’s
politicians immature. But I do not
think our politicians are immature.
It is the politicians who made the
country independent. They have
reinstated democracy.”
The chief justice has placed in the
verdict’s observation some of his
personal opinions which he should
have avoided, added Mesbah.
Moderated by journalist Munni
Saha, the discussion was also
attended by former Justice AHM
Shamsuddin Chowdhury Manik,
Awami League Organising Secretary
barrister Mahibul Hasan
Chowdhury, DU teacher Prof
Gobinda Chakraborty, journalist
Swadesh Ray and Bangla Tribune
Planning Editor Nazrul Kabir. •
This article was first published on
banglatribune.com
worked with him for three years.
This is not his language. The language
in which he wrote the observation
is not his own.
“The chief justice used the term
‘founding fathers’ in the observation.
He gave the example of America
and talked about Bangabandhu
without mentioning his name. A
person, who does not recognise
Bangabandhu, has no right to live
in this country.
“The verdict and observation
made by the High Court will be
kept in record, I wonder what impact
this will have on the future
generation.” •
This article was first published on
banglatribune.com
Barrister Mohibul Hasan Chowdhury
‘Are justices
above
accountability?’
• Tribune Desk
EVENTS
Are justices above all sorts of accountability?
Such a question was
raised by Awami League Organising
Secretary Barrister Mohibul
Hasan Chowdhury.
He said: “Two prime ministers of
this country have been in the dock,
but I have never seen any justice do
so. So, are justices above accountability?”
Mohibul was speaking at a discussion
titled “Constitution, Parliament
and Independence” organised
by the Bangla Tribune on
Thursday.
Mohibul said: “We can criticise
verdicts in a proper manner. There
are discussions on observation of
the verdict. But we are not criticising
one aspect: accountability.
“I cannot show one example
from the 46 years I have lived. According
to the Constitution, we are
obligated to accept the verdict. Observation
is also a part of a verdict.
But the responsibility of trial of the
department of justice has been given
to a failed organisation.
“The Supreme Judicial Council
has not created an example yet. Although
two prime ministers have
stood in the dock, we have not seen
an example of a justice.”
Mohibul said: “The Supreme
Court is a court of record. But there
have been attempts at politicising
it.”
Former Supreme Court judge
AHM Shamsuddin Choudhury,
Dhaka University Professor Mesbah
Kamal, Professor Gobinda
Chakraborty, journalist Swadesh
Roy and Bangla Tribune Planning
Editor Nazmul Kabir were present
at the discussion. •
This article was first published on
banglatribune.com
NASHIRUL ISLAM
TEMPERATURE FORECAST FOR TODAY
LIGHT TO MODERATE
RAIN LIKELY
SATURDAY, AUGUST 26, 2017
Dhaka 33 26 Chittagong 31 26 Rajshahi 34 26 Rangpur 34 26 Khulna 33 26 Barisal 33 26 Sylhet 32 25
DHAKA
TODAY
TOMORROW
SUN SETS 6:22PM
SUN RISES 5:38AM
YESTERDAY’S HIGH AND LOW
36.2ºC
24.0ºC
Rangamati
Rangamati
Source: Accuweather/UNB
PRAYER
TIMES
Cox’s Bazar 29 25
Fajr: 5:00am | Zohr: 1:15pm
Asr: 5:00pm | Magrib: 6:41pm
Esha: 8:30pm
Source: Islamic Foundation