HC expresses dissatisfaction at ACC

The High Court today expressed dissatisfaction at the Anti-Corruption Commission for its long delay in examining the wealth statement of former apex court judge—Justice Md Joynul Abedin.

The “ACC has acted as if it is running in the tortoise-speed”, since the commission had required wealth statement from Justice Joynul Abedin in 2010, but it sought documents from the Supreme Court this year for examining his wealth statement,” the HC observed.

The bench of Justice M Enayetur Rahim and Justice Shahidul Karim made the observation during hearing a rule it has issued on October 9 questioning the legality of the SC administration’s letter to the ACC about taking action against Justice Joynul.

The letter had said that it would not be appropriate for the ACC to take action against Justice Md Joynul Abedin. 

Today, ACC’s lawyer Advocate Khurshid Alam Khan told the HC that the commission has taken time to seek information from the SC about Justice Joynul, as it had to collect information from some foreign countries through mutual legal assistance.

During the proceedings, two amici curiae (friends of court)-Advocate Prabir Neogi and Advocate AM Aminuddin told the HC that SC administration’s letter to the ACC about Justice Joynul Abedin is unlawful, as the administration cannot issue such a letter. 

The HC can examine the SC administration’s letter to the ACC under Article 102 of the constitution, as it is not any part of the judicial proceedings of the apex court, they argued.

After concluding the day’s proceedings, the HC judges fixed October 31 for further hearing on this issue.     

Barrister Moinul Hosein appeared for Justice Joynul.

On October 9, the HC issued the rule asking the then SC registrar general, the then additional registrar Arunav Chakraborty, Justice Joynul and the ACC chairman to explain as to why the letter should not be declared illegal.

The HC judges also requested SC lawyers Zainul Abedin, AM Aminuddin and Prabir Neogi to place their expert opinions on the matter.

The bench passed the order after SC lawyer Badiuzzaman Tafader placed a copy of the letter before the HC bench for necessary order.

The ACC on March 2 sent a letter to the SC’s registrar general’s office asking for documents regarding the service, salaries and relevant benefits received by Justice Joynul for conducting an enquiry about his wealth.

In response, the SC administration on March 28 sent the letter, signed by the then Additional Registrar of the Appellate Division of the SC Arunav Chakraborty, to the ACC saying that if action was taken against the former judge, the verdicts he had delivered would become questionable.