SC admin reshuffled

Two days after Chief Justice Surendra Kumar Sinha flew to Australia, the Supreme Court brought major changes in its administration by transferring 10 key officials including the registrar general.

The apex court also transferred 15 other judicial officers, ranging from the rank of joint district judge to district judge.

The law ministry yesterday issued three separate notifications to this effect, saying the transfer orders have been made in public interest.

The development came a day after the top court in a rare statement said Justice Sinha is facing 11 charges including money laundering and corruption.

Yesterday, Law Minister Anisul Huq said the Anti-Corruption Commission will conduct an inquiry into the allegations and if these are primarily found true, a case will be filed against Justice Sinha.

Then the law will take its own course, he said at a press conference at his secretariat office.

Justice Sinha is now on a month's leave from October 3. Before leaving the country on Friday night, he said he was fully well, contradicting the government claim that he went on leave on health grounds.

About the reasons behind the CJ taking leave, Anisul Huq, reading out letters sent by the chief justice and the Supreme Court authorities to the president, said these are official documents that demonstrate Justice Sinha is sick. “To me, this is the truth.”

Some vested quarters have been creating controversy over CJ's going abroad just for political gain as they have no political issue, he added.

The minister said he is stunned at Friday night's statement of Justice Sinha.

About Justice Sinha's remarks over the jurisdiction of the judge performing the functions of the chief justice, he said, “I have to say with sorrow that this statement of the chief justice is not lawful.”

He mentioned, “Under article 97 of the constitution, the senior most judge of the Appellate Division of the Supreme Court after the chief justice can perform all the duties of the chief justice in his [CJ's] absence.” 

Justice Sinha in his written statement said, "There is no precedence of interference in the administration of the chief justice by the judge acting as the chief justice or the government. He [the judge acting as the CJ] will only discharge daily work as per the routine. It has always been like this.”

Anisul Huq also told journalists, “Some idiots in TV talk shows said I have lied about the chief justice's leave and illness. I want to say that I had never resorted to falsehood in my professional life as an advocate and as a law minister. Rather, the idiots who are saying this are lying.”

Asked how the chief justice was allowed to go abroad when there are 11 allegations against him, the minister said the charges will be dealt through legal procedures.

Justice Sinha is still the chief justice of Bangladesh and there has been no irregularity or problem in allowing him to leave the country as the allegations are yet to be proved, he said.

The president of the republic has some inherent powers and can use such powers if the allegations against Justice Sinha are proved, he also noted.

The SC in its statement on Saturday said President Abdul Hamid informed four judges of the Appellate Division about the allegations, which include “money laundering, financial irregularities, corruption and moral turpitude”.

Replying to a query, the law minister said although the SC in the 16th amendment verdict has ruled for restoring the Supreme Judicial Council (for removing SC judges for misconduct or incapacity), there is a vacuum regarding the issue as the government will seek review of the judgment.

Meanwhile, an SC source said a full court meeting of the SC judges will be held today to take decision on some “urgent matters”.

The meeting will be held at 4:00pm at the SC Judges' Lounge with Justice Md Abdul Wahhab Miah, who is now performing duties of the chief justice, in the chair.

The judges of the Appellate Division and High Court Division will attend the meeting, according to the source.

Also yesterday, the pro-BNP faction of Supreme Court Bar Association demonstrated at the SC premises to protest “forcing the chief justice to leave the country by the government”.

SC SHAKE-UP

According to the law ministry notifications, SC Registrar General Syed Aminul Islam has been made chairman of the Minimum Wage Board, Dhaka, and High Court Registrar Md Abu Syed Diljar Hossain special judge of Special Judge's Court-3 of Dhaka.

HC Additional Registrar Md Zabid Hossain has been transferred to Nari O Shishu Nirjaton Daman Tribunal in Rangpur as a judge.

HC Additional Registrar Md Sabbir Faiz becomes the additional district and sessions judge of Lalmonirhat and Chief Justice's Personal Secretary Md Anisur Rahman gets the position of additional district and sessions judge of Panchagarh.

Appellate Division's Additional Registrar Arunav Chakraborty has been transferred to Satkhira as the additional district and sessions judge.

SC Special Officer AEM Ismail Hossain has been made Borguna's additional district and sessions judge.

High Court Deputy Registrar Md Azizul Haque's new workplace is Thakurgaon where he will be the joint district and sessions judge.

Of two other HC deputy registrars, Begum Farjana Yesmin has been made joint district and sessions judge of Pirojpur and Mohammad Kamal Hossain Shikdar joint district and sessions judge of Chuadanga.

Earlier in the day, the SC approved the proposal for transferring 25 judicial officials, including the 10 officials of the SC Registrar's Office.

On October 11, the law minister told reporters that Justice Wahhab has expressed his willingness to bring some changes in the SC administration.

In his Friday night's statement, which was handed over to newsmen, Justice Sinha said he was a “bit worried about the independence of the judiciary”.

"If any interference is made in the chief justice's administration, it can be easily assumed that the government is interfering in the higher court and this will further deteriorate the relationship between the judiciary and the government. It would not bring any good to the state," the statement read.