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Moudud, Sircar hit back

SCBA chief dares law minister to prove political ties

Staff Correspondent
The government and parliament are at loggerheads with Supreme Court lawyers over their ongoing agitation for removal of a High Court judge and the Supreme Court Bar Associa-tion's decision to cancel the speaker and law minister's membership.
Speaker Jamiruddin Sircar had termed the lawyers' movement "unconstitutional" and Law, Justice and Parliamentary Affairs Minister Moudud Ahmed said it is "politically motivated", but the lawyers believe they are making such comments to foil the Bar's legitimate movement.
The speaker and the law minis-
ter, both barristers, yesterday rejected the cancellation of their membership of the Supreme Court Bar Association (SCBA) and maintained that the action was illegal.
The speaker also rejected the lawyers' remarks that he does not have jurisdiction to give a ruling on the SCBA movement at the Supreme Court. "I have that jurisdiction as a protector of the constitution," he explained.
Moudud said, "The SCBA resorted to this move to get cheap publicity for political purpose." He branded the agitating lawyers as "followers of a certain political party".
SCBA President Mahbubey Alam however said, "Our movement has no relations with any political party." He brushed aside the law minister's remarks and challenged him to prove the allegation, saying in that case, he would step aside from the SCBA presidency.
The speaker on Monday in a ruling said the movement of the Supreme Court lawyers against controversial Additional High Court Judge Faisal Mahmud Faizee is in "violation of the constitution". A judge can issue a contempt rule against these lawyers, he added.
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.
On Tuesday, the SCBA at an emergency general meeting decided to cancel both Sircar and Moudud's membership for their activities against the interests of the Association.
RULING SPEAKER'S PREROGATIVE
Speaker Sircar yesterday said the SCBA's membership cancellation is illegal no matter whatever reasons it may assign to its action.
The speaker said he is not worried about the SCBA decision. "Since the decision is illegal, it will die a natural death. I will go to court against this illegal decision when I return to my practice, if they stick to it," he told reporters.
Sircar said since he became Speaker of the Jatiya Sangsad, his regular SCBA membership turned into associate membership. "To cancel this membership, there are some procedures but they did not follow those."
About the lawyers' remarks on his ruling, he said, "Even the court does not have the right to challenge any proceedings of parliament. How can the lawyers challenge my ruling?"
He also said a ruling is the prerogative of the speaker, which cannot be challenged.
Justifying the ruling, Sircar said he cannot support some lawyers' movement waged to prevent a judge from sitting in his bench. Their action to block the chief justice's way and slogans at the Supreme Court tarnished the court's image.
"When a parliamentarian raised the Supreme Court issue, I observed that the lawyers' movement and demand regarding the judge were unconstitutional.
"The constitution clearly states that without the [nod of] the Supreme Judicial Council a judge cannot be removed. When I see the lawyers obstructing the chief justice, I have the right to say that this amounts to contempt of court," Sircar added.
MOUDUD TERMS IT RIDICULOUS
Moudud termed the SCBA decision "ridiculous." "After becoming minister, I am no more a member or a voter. I am just an associate member. But still they took such an initiative, which is ridiculous."
The general lawyers and the people do not support the SCBA's activities against the chief justice, which tarnished the Supreme Court's image, he told reporters at his office yesterday.
"Such activities have been carried out by some lawyers who are followers of a certain political party. This has no relations with the lawyers' professional interest," he added.
Moudud pointed out that his SCBA membership and Bar Council certificate of enrolment had been cancelled back in 1989. "But I got them back after legal battles."
"The SCBA decision also contradicts its own constitution because it does not contain any rule on cancellation of membership because of a difference of opinion," Moudud quipped.
SCBA STANDS IT GROUND
SCBA President Mahbubey Alam refuted Moudud's contention and told reporters the Supreme Court Bar has the right to take action against any members on the ground of their involvement in activities against the interests of the organisation.
Alam slammed Moudud and Sircar at a lawyers' protest rally under the banner of Sammilita Ainjibi Samannay Parishad in the afternoon.
"Do not try to scare us. Do not threaten us with jail or repression," he said. "You have nobody by your side. I have 27,000 lawyers at my side."
Alam gave his thumbs down against the speaker's ruling that suggests contempt charges against the agitating lawyers.
"Those who are advising the chief justice now are practically hindering the independence of the judiciary," the SCBA chief said, and urged the chief justice to draw contempt proceedings against those advising him.