Ruling alliance lawmakers said in parliament yesterday that High Court Judge AHM Shamsuddin Choudhury Manik had violated
the constitution by making "derogatory remarks” about the Speaker of the Jatiya Sangsad.
They demanded that the president ask the chief justice to constitute a Supreme Judicial Council for removing the judge.
If it was not done within the next three days, the MPs said, they would bring back the legislature's authority to impeach judges.
Earlier in the day, during the hearing of a rule, Justice Manik observed that the Speaker had committed an offence tantamount to sedition by commenting in the House on an HC order. He also said the Speaker was completely ignorant of the apex court and the constitution.
On May 29, Speaker Abdul Hamid said people would resist if a government turned autocratic. Likewise, they would protest if a parliament enacted laws against their interests; and they would stand against a court if it delivered verdicts against them.
His observations followed ruling Awami League lawmaker Shahriar Alam's statement on the HC order for the Roads and Highways Department to hand over to the SC the land where its establishment is currently situated.
Irate over Justice Manik's remarks, senior MPs of the Awami League-led ruling alliance yesterday cited article 78 of the constitution that provides lawmakers and the House with privileges and immunity from court proceedings.
They said Justice Manik had overstepped his juris-
diction and lost his right to remain a judge. He must be removed immediately.
Article 78 (1) says the validity of the proceedings in parliament shall not be questioned in any court. Section 3 of the article says a member of parliament shall not be liable to proceedings in any court in respect of anything said, or any vote given, by him in parliament or in any committee thereof.
Workers Party lawmaker Rashed Khan Menon initiated the discussion. Deputy Speaker Shawkat Ali, who was presiding over the sitting, was at first reluctant to allow him to speak on a point of order. But he gave in amid clamour from other lawmakers for Menon to be given the floor.
The Workers Party president said Justice Manik's remarks were a clear violation of Article 78 of the constitution. "We can in no way accept such behaviour.”
Senior AL lawmaker Tofail Ahmed said, "I was surprised to see how Justice Manik spoke against the Speaker and accused him of sedition. We have no words to censure him.”
The same judge, he added, had once punished a traffic police officer for failing to salute him on the road. "I think he is a sadist who gets pleasure by hurting people."
Treasury bench MPs chanted “shame” "shame" when their fellow lawmak-
ers were blasting the judge over his remarks about the Speaker.
Suranjit Sengupta, minister without portfolio, said, “We will wait for three days to see if the chief justice forms a Supreme Judicial Council. If he does not do that, we will revive our power to impeach judges.”
Tofail and Jatiya Party lawmaker Mujib-ul Haque Chunnu said Justice Manik was a fortunate man. He was appointed an additional judge of the HC during the tenure of the previous AL government without any written examination or interview.
Tofail said the previous BNP government did not confirm him as an HC judge and the present government had done it.
Chunnu said, “He was appointed on the mercy of the then Awami League-led government despite not having [required] qualifications and [without any] examination.”
He also mentioned Justice Manik's upgrading his seat from economy class to business class on a Biman flight.
Chunnu said the HC judge had harassed and defamed many high profile officials by keeping them standing hour after hour in court for silly reasons.
“I think he is not mentally sound. He is a pervert,” he added amid a thumping of desks by treasury bench lawmakers.
AL MP Sheikh Fazlul Karim Selim termed Justice
Manik's remarks a “naked interference in parliament”. “The arms of the judiciary are long. But the arms of parliament are longer.”
The judge must apologise for defaming the Speaker, Selim said. “Parliament should take immediate steps to prevent him from repeating such incidents.”
Jatiya Samajtantrik Dal MP Mayeen Uddin Khan Badal also blasted Justice Manik.
Ending around an hour-long discussion from 7:40pm, the Deputy Speaker said the next course of action would be taken in consultation with the Speaker.