Proper procedures were not followed in appointing judges and public prosecutors to the special courts formed by the last caretaker government to try the graft cases, a deputy law secretary has alleged.
The House committee on the law ministry recorded the official's allegation at its August 27 meeting with the law minister and state minister in attendance, say proceedings of the meeting.
Law Secretary Kazi Habibul Awal has been asked to attend the committee meeting today to explain the appointments of judges and lawyers and also the now-scrapped controver-
sial decision to send two district judges into forced retirement.
Ten district judges and over a dozen prosecutors were appointed to the special courts on the Jatiya Sangsad Bhaban premises for trial of corruption cases against political and business bigwigs and bureaucrats.
Since detailed information is missing from the appointment files, the law ministry official could not apprise the committee elaborately of the matter.
"It's been learnt that the judges and lawyers were appointed by the DGFI and the taskforce formed to combat corruption," read the
SEE PAGE 15 COL 4 FROM PAGE 1 proceedings, quoting the dep uty secretary.
Ilie official could not say if the Supreme Court had been consulted before appointing the district judges to the special courts.
He however said the law secretary and the then deputy secretary (administration) may give details about the matter.
The Daily Star has obtained a copy of the proceedings that are likely to be approved by the parliamentary body today.
Talking to this correspondent yesterday, jurist Shahdeen Malik said the law ministry was supposed to make the judges' appointments in consultation with die apex court.
Asked about agenda of today's meeting, committee Chairman Suranjit Sengupta yesterday said a number of issues including appointments of the special court judges and lawyers and the forced retire-men t of two judges will come up for discussion.
Fakhruddin Ahmed-led caretaker administration set up 10 special courts after the launch of the anti-graft drive in February 2007.
As many as 244 cases filed by the Anti-Corruption Commission were sent to the tribunals for trial. Proceedings of 122 cases were completed, but diose in most of the rest were stayed-some before and some after charge framing and others before delivery of verdicts.
The special courts sentenced many political leaders and businessmen in corruption cases.
Graft and extortion cases filed against Sheikh I lasina and Khaleda Zia too were sent to the special courts.
TYial of the two leaders, who were released before the ninth parliamentary election, however was not completed.
The ACC spent Tk 7.74 crore on lawyers hired to stand for it in trial of the corruption cases.
On June 2, the cabinet division in a report to the parliamentary standing committee on public undertakings criticised the anti-graft body's expenditure on lawyers.
It observed the ACC should have had permanent prosecution instead of spending so much public money on hiring expensive lawyers.
TWO JUDGES
About the much-talked about July 30 o^der sending two district judges into forced retirement, the deputy secretary said the file was not initiated by the section concerned and so he cannot give details.
He said the law secretary initiated the file illegally.
State Minister for Law Quamrul Islam told the meeting the law secretary moved the file as per a note sent by prime
minister's Adviser HT Imam through the establishment secretary, read the proceedings.
On submission of the law ministry official, the parliamentary body decided to investigate the role of HT Imam and the law and establishment secretaries.
Upon discussion today, the standing committee may, if necessary, ask the prime minister's adviser and the establishment secretary to appear before it and explain their actions regarding the forced retirement decision.
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.
Greeted will) strong criticism, it reinstated the judges after two days.
Abdul Gafur, district and sessions judge in Dhaka, and Shahjahan, women and children repression prevention tribunal judge in Gazipur, were the two on the receiving end.
They are president and general secretary of the judicial service association.