SCBA divided over Khairul's comments

The Supreme Court Bar Association has become divided over Law Commission Chairman Justice ABM Khairul Haque's comments on the SC verdict in the 16th amendment case.

While SCBA President Zainul Abedin and Secretary AM Mahbub Uddin Khokon protest Justice Khairul's remarks, its Vice President Ozi Ullah support them.

Justice Khairul has indirectly taken a stance against the independence of judiciary and the democratic system, SCBA President Zainul Abedin said at a press conference at its auditorium yesterday.

SCBA Secretary AM Mahbub Uddin Khokon also spoke there.

Pro-Awami League lawyers present at the press conference protested, saying Zainul Abedin and Mahbub Uddin Khokon made the statements for political purpose as they were related to BNP politics.

Zainul Abedin said Justice Khairul commented that the SC verdict on the 16th amendment was "preconceived".

“Can a former chief justice say that the Supreme Court verdict in 16th amendment case was preconceived?” he questioned.

“We have to say that Justice ABM Khairul Haque had delivered many judgments, including the one which scrapped the system of the caretaker government. Was that judgment preconceived?” he asked.

Zainul Abedin, who is also a BNP leader, said political indiscipline had taken place following the 13th amendment judgment delivered by Justice Khairul.

“Therefore, the people of Bangladesh lost the right to vote, and democracy and fundamental values have been damaged,” he said.

Justice Khairul in the short judgment in 13th amendment case had said that the system of caretaker government should remain in force for two times more.

But, Zainul asked, why did Justice Khairul shift his position when he signed the verdict 16 months into his retirement?

Zainul said Justice Khairul said many irrelevant issues were mentioned in the 16th amendment verdict.

Justice Khairul had intentionally and in a preplanned and irrelevant manner scrapped the fifth amendment of the constitution when he delivered the verdict in a case regarding acquisition of the land of Moon Cinema Hall in Old Dhaka, Zainul said.

The fifth amendment had legitimised the governments led by Khandker Mushtaque Ahmed, Abu Sadaat Mohammad Sayem and Major General Ziaur Rahman between August 15, 1975, and April 9, 1979.

Justice Khairul's statement has made the verdicts on the fifth and 13th amendments controversial, the SCBA president said without explaining how. 

As pro-Awami League lawyers protested the SCBA president's statement at the press conference, pro-BNP lawyers supported him, creating a chaotic situation.

After the SCBA president finished delivering the statement, pro-BNP lawyers instantly removed the banner of the event.

Later in the day, pro-Awami League lawyer and SCBA Vice President Ozi Ullah read out a statement at the same place.

He told reporters that the statements of Zainul Abedin and Mahbub Uddin were not the comment of SCBA. “They are BNP leaders and they delivered the speeches for their political purpose.”

He also said Justice Khairul made observations on the SC's 16th amendment verdict from his experience and expertise.

Everyone can criticise an SC verdict, as it becomes a public property after it is released, the SCBA vice president added.

Justice Khairul on Wednesday strongly criticised the Supreme Court verdict in the case over the 16th amendment to the constitution, terming it misconceived, irrelevant and immature.

The SC made its observations overlooking “the main issue of the case”, he said.

Some constitutional provisions were misinterpreted in the verdict, he noted.