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SC Bar to cancel Sircar, Moudud membership

Legal experts question speaker’s ruling on lawyers' movement

Staff Correspondent
Supreme Court Bar Association (SCBA) yesterday decided to cancel membership of the speaker and the law minister for their remarks against SCBA lawyers' ongoing agitation demanding removal of an additional High Court judge.
Noted jurists Dr Kamal Hossain and Dr M Zahir also questioned the speaker's ruling against the lawyers' movement, saying the speaker of the Jatiya Sangsad has no jurisdiction to issue such a ruling on matters out side the House.
Speaker Jamiruddin Sircar and Law, Justice and Parliamentary Affairs Minister Moudud Ahmed are associate members of the SCBA which has been spearheading a movement for removal of the judge, Faisal Mahmud Faizee, since last month.
The SCBA took the decision at an emergency general meeting yesterday afternoon. The executive committee of the SCBA in a meeting in the evening decided to serve a showcause notice on Moudud and Sircar asking them to explain why their memberships would not be cancelled.
"Our associate members Muhammad Jamiruddin Sircar and Moudud Ahmed have made untrue remarks about the ongoing protest of our members," says a resolution of the SCBA meeting held at the Supreme Court Bar building.
"They have violated discipline by taking position against the decision of the SCBA general meeting," the resolution said, asking the SCBA executive committee to convey to Sircar and Moudud the decision to cancel their membership.
The meeting chaired by SCBA President Mahbubey Alam observed that the speaker's ruling is "undue and beyond his jurisdiction." It termed the ruling an ill effort to destroy the ongoing agitation of SCBA lawyers.
The speaker in a ruling on Monday said the Supreme Court lawyers' movement against Faizee is a "violation of the constitution." He also said the chief justice can ask the Bar Council to take action against the lawyers for such illegal agitation.
The law minister, on the other hand, criticised the Supreme Court for not taking action against the agitating lawyers for blocking the chief justice's entryway. He said parliament will consider taking action if the Supreme Judicial Council does not take any move about the judges not signing their verdict after pronouncing it.
The SCBA meeting yesterday said the law minister's statement has undermined the image of the judiciary and the judges. His remark is not only indecent, but also tantamount to contempt of court, it observed.
The SCBA demanded withdrawal of Moudud's statement in parliament on Monday.
The SCBA meeting also condemned the killing of its member Khorshed Alam Bachchu yesterday morning.
"When the government is politicising all sectors, the lawyers, especially the Supreme Court lawyers, are still fearlessly protesting the unjust activities of the government," the meeting observed, saying the killing of Khorshed and the speaker's ruling are designed to destroy the legitimate and peaceful agitation of the lawyers.
More than a hundred lawyers attended the meeting which was addressed among others by Faruk Ahmed, Yusuf Hossain Humayun, Khandker Mahbub Hossain, Ozaer Faruk, Abdul Baset Majumder, Shawkat Ali Khan, Amir-ul-Islam, Rafiqul Islam Miah, Rokanuddin Mahmud and SCBA Secretary Enayetur Rahim.
After the meeting, the lawyers brought out a procession with black flags protesting the killing. The procession ended at the Central Shaheed Minar.
Mahbubey Alam addressing a rally at the Shaheed Minar said, "The speaker gave his ruling yesterday (Monday) and a lawyer has been killed today. If we link one with another, we can assume that they want to stop our agitation through intimidation."
The SCBA lawyers abstained from their practice at the Supreme Court from 2:00pm yesterday. They will continue the work abstention today.
JURISTS ON SPEAKER'S RULING
Talking to journalists, Dr Kamal Hossain yesterday said many of the speaker's rulings do not contribute to anything other than creating some debates. "The latest is one such ruling. As a speaker he has no jurisdiction to issue such a ruling."
He said Speaker Jamiruddin Sircar being a lawyer should have been respectful to the united movement of the Supreme Court lawyers.
Dr M Zahir similarly said, "The speaker's job is to maintain the parliament proceedings. This ruling does not cover any such proceeding. He has no rational right to issue such a ruling. I don't find any legal ground for his ruling."
HAMID ON SPEAKER'S RULING Deputy Leader of the Opposition Abdul Hamid yesterday described Speaker Jamiruddin Sircar's Monday's ruling on the ongoing demonstrations by the Supreme Court lawyers as unconstitutional.
He said the speaker has no jurisdiction to make any ruling on any matter relating to outside of the House.
Addressing a press conference at his parliament office, Hamid also came down heavily on Law Minister Moudud Ahmed for 'interfering in functions of the judiciary'.
"Treasury bench lawmakers including the law minister categorically threatened the judiciary on Monday," Hamid, also a former speaker added.