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HT Imam to face JS music

JS body moves to make the adviser, 2 secys explain 2 judges' retirement, reinstatement

Shakhawat Li ton and Rashidul Hasan
A parliamentary body will probe the role of HT Imam, an adviser to the prime minister, and two secretaries, in sending two district judges into retirement without the Supreme Court s approval.
The standing committee on the law ministry took the decision after examining the documents pertaining to the controversial move against the two judges, said sources.
It also decided to summon Imam. Law Secretary Kazi Habibul Awal and Establishment Secretary Iqbal Mahmud to appear before it.
Talking to reporters after the meeting at the Jatiya Sangsad Bhaban, committee Chairman Suranjit Sengupta said. “They will have to explain whether the executive can send judges into forced retirement."
The law secretary, who is now abroad, will be asked to be present at the committee's next meetingon September 9.
The date for appearance of the adviser and the establishment secretary however will be fixed later, he added.
Article 116 of the constitution says the president in consultation with the apex court will determine posting, promotion and grant of leave and discipline of persons employed in the judicial service and magistrates performing j udicial functions.
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In a surprise move on July 30, the government sent the two judges into retirement for involvement in Bangladesh Judicial Service Association's demonstrations at the secretariat on July 27.
In response to strong criticism, it however reinstated the judges after two days.
Abdul Gafur, district and sessions judge in Dhaka and president of the association, and Shahjahan, women and children repression prevention tribunal judge in Gazipur anil igeneral secretary of the association, were the two on the receiving end.
"It was embarrassing for the government. The prime minister however was prudent to save the situation by reinstating the judges," Suranjit, also a ruling Awami League lawmaker, told The Daily Star.
"It's a unanimous decision to investigate whether the retirement decision was extra-constitutional or not."
He said the law minister had showed them the retirement order's copy that didn't have the SC approval.
Suranjit said Law Minister Shafique Ahmed agreed on their decision.
The committee found that prime minister's Adviser HT Imam, who holds the portfolio of establishment, had initiated the move to send the two judges into retirement. He was supported by the two secretaries.
Shafique Ahmed was not
even consulted, though it was his ministry that had recommended through the prime minister's office that the president issue the retirement order.
Both he and State Minister for Law Quamrul > Islam told the committee they were not aware of the process, Suranjit said.
The parliamentary body also asked the ministry for documents on the much-talked about presidential mercy to Mohiuddin Ahmed Jhintu, condemned to death for a double murder, during the BNP-Jamaat alliance rule,
Suranjit said they want to see the then law minister's opinion on the controversial clemency.
At yesterday's meeting, the committee formed a subcommittee headed by its member Rahmat Ali to see if the appointments of public prosecutors and general prosecutors have been made properly.
The four-member subcommittee was asked to report back within two months.
Besides, the parliamentary body directed the law ministry to place a list of the judges appointed during the last caretaker government rule for special courts.
It also asked the AntiCorruption Commission to send a list of its lawyers appointed during the caretaker government rule and the amount ol their remuneration.