A former High Court judge yesterday appealed to the president to ask the Supreme Judicial Council to probe alleged violation of the constitution and oath to office by the chief justice (CJ) and take action against him accordingly.
Abdus Salam Mamun, the former additional judge who was not confirmed as permanent judge, said in his application that Chief Justice Syed JR Mudassir Husain 'has ceased to be capable of properly performing the function of his office and is guilty of violation of the constitution amounting to gross misconduct'.
He alleged that the chief justice did not process the file for his appointment as permanent judge although there were no adverse remarks about his performance as
an additional judge.
Mamun also accused the chief justice of nepotism and bias for allotting an office car to a judge and residential accommodation to another judge, but he did not allot any to him (Mamun).
He appealed to the president to take the matter into cognisance and the attached writ petition and refer the matter to the SJC for inquiry and report. He also urged him to take action against the chief justice in accordance with the constitution and appealed for justice.
The Supreme Judicial Council consists of the chief justice and two next senior judges. If there is any allegation against any of the three, the judge next in seniority will be made a member.
Mamun made the appeal with the president after the High Court on April 17 rejected his April 9 plea to issue a rule upon the chief justice 'to show cause under what authority he was holding the office of the chief justice of Bangladesh and why it shall not be declared that the office of the chief justice of Bangladesh has become vacant upon his disqualification'.
The HC Division Bench of Justice Shah Abu Nayeem Mominur Rahman and Justice Moyeenul Islam Chowdhury said in its observation that the president is the authority to remove a sitting judge. The president has to initiate proceedings against a judge for the removal and act on the information received from the (Supreme Judicial) Council or from any other source that include any petition or representation, it said.
Yesterday, Mamun went to the President's office in Bangabhaban around 10:00am and submitted his eight-page application. He also attached a copy of his writ petition, the High Court judgement on it and some other documents.
Asked whether he submitted his application to the President, Mamun told The Daily Star: "I received the High Court order on my writ petition yesterday (Tuesday). Since there is no alternative following the High Court verdict, I submitted my application to the president today, informing him about my grievances."
President Iajuddin Ahmed appointed Mamun along with 10 others as additional judge on July 29, 2002 for a two-year term, but services of all except Mamun were confirmed on July 28, 2004. Mamun had his job extended for further six months the same day, but he was not confirmed on expiry of the period.
ALLEGATIONS
Mamun alleged that the chief justice did not process his case for his appointment as a permanent judge 'out of ill will and malafide intention' even though there was no allegation of incompetence or inefficiency against his functioning as a judge.
"..Thus the learned Chief Justice disqualified himself to continue as judge of Bangladesh, inasmuch as he has violated his oath, to do the right without ill will."
Mamun said while serving as additional judge, he had applied for an old official car only to be refused. After some days, the chief justice allotted the car for Justice Syed Dastagir Hossain. Mamun was told then the car was allotted on the basis of seniority.
That Justice Syed Dastagir Hossain is a first cousin of the chief justice is not the grievance of the petitioner (Mamun), but the grievance is that the chief justice has deliberately violated his own standard in the instance of allotting residential accommodation, Mamun said in his petition.
When house No. 12 in the Judges' Complex, Dhaka became vacant due to the shifting of Justice Syed JR Mudassir Husain to the official residence of the chief justice, Mamun was likely to get it on the basis of seniority. But the chief justice allotted it to Justice Zinat Ara in breach of his own standard and utter violation of the constitution 'in an act of favour and affection', Mamun further alleged.
While Mamun protested the allotment of the house to his junior, he pointed it out to the chief justice that gender discrimination is prohibited in the constitution and that an additional judge of the High Court 'is not a distress woman'.
In another allegation, Mamun said the chief justice has awarded former registrar of the Supreme Court Kamrul Islam Siddiquee office of additional judge of the Supreme Court 'for his participation in carrying out illegal orders'.
He also alleged that Advisor to the Prime Minister on Parliamentary Affairs Salauddin Qader Chowdhury had informed him that the chief justice tried to persuade him over the telephone to ensure appointment of Kamrul Islam Siddiquee as additional judge 'which tarnished the impartiality and image of the chief justice's office'.