Supreme Judicial Council submits reports about some justices to president

The Supreme Judicial Council has submitted its investigation reports about ‘several’ High Court justices appointed during the deposed Awami League government to President Mohammed Shahabuddin.

A notice on the Supreme Court website said: “The Supreme Judicial Council has already sent information about some judges of the Supreme Court of Bangladesh to the Honourable President of the People’s Republic of Bangladesh in accordance with Article 96 of the Constitution.”

Chief Justice Syed Refaat Ahmed sent 12 justices on leave on Oct 16 after demands were raised to remove several judges appointed during the Sheikh Hasina-led regime. They are currently barred from conducting judicial work in the High Court.

According to the rules, the president implements the Supreme Judicial Council’s recommendation regarding justices. However, the Supreme Court’s notification did not clarify the number of justices on whom the president had received reports.

The High Court judges who have been barred from judicial work are SM Maniruzzaman, Khandaker Diliruzzaman, Shahed Nuruddin, Md Akhtaruzzaman, Md Aminul Islam, SM Masud Hossain Dolon, Naima Haider, Md Ataur Rahman Khan, Khizir Hayat, and Muhammad Khurshid Alam Sarkar.

In a decision on Oct 20, the Appellate Division revived the Supreme Judicial Council as the mechanism for removing judges. This cleared up the disputes that had previously arisen under the Awami League government regarding the process.

Tensions had grown between the Hasina regime and the Supreme Court when the 16th Amendment to the Constitution gave parliament the power to remove justices.

Then, in a writ case, the Appellate Division declared the 16th Amendment illegal and null and void.

In that 2017 verdict, the top court decided to revive the Supreme Judicial Council for the removal of judges. That verdict of the appellate bench headed by then chief justice SK Sinha heightened tensions further.

The state applied for a review of the verdict but later did not take the initiative to call a new hearing.

After the Awami League government fell in August, the Appellate Division, after hearing the review petition, reinstated the Supreme Judicial Council for the removal of judges.

During the Awami League government, three judges - Justice Salma Masud Chowdhury, Justice Kazi Reza-ul Haque and Justice AKM Zahirul Haque - were ordered to refrain from judicial work in August 2019 due to various allegations. Since then, they have not been involved in judicial duties. Following the government changeover, their resignations were announced in a notification by the Ministry of Law on Nov 19 this year.