Court Corridor
Public notice to CJ
Barrister Moksadul Islam
Before we walk through the court corridor on the 30th November, 2006 let us examine what a Rule Nisi is. General people of this country is not expected to understand all the everyday legal words or terms (i.e. Rule Nisi, Bench or Division Bench) we normally use in the Court.
The principle of natural justice demands that the other side should have the opportunity to reply or state his side of the story before anything is decided regarding or against him. A Rule Nisi simply satisfies that demand of natural justice. It is actually one kind of show cause notice. The term Rule Nisi is used or issued in a Writ Petition by the Special Original Jurisdiction of the High Court Division once an application under Article 102 of the Constitution is admitted. Alternatively it may be said that a Rule issued means the court has admitted the Writ Application. A typical Rule Nisi is issued “calling upon the respondent to show cause as to why (some action) should not be declared to have been made without any lawful authority and is of no legal effect”. Sometimes an interim order is also passed staying operation of the said impugned action for a particular period or till disposal of the Rule.
During the last week of November, 2006 almost the entire nation was following the incidents inside the Court No. 12 of the Annex Building. Three Writ Petitions which were filed by the different political parties would examine, amongst others, the legality of Non-Party Caretaker Government headed by the President and election schedule pending publication of the up-to-date voter list. After a couple of days' extensive hearing it was fixed for an “Order” after the launch break, i.e. at 2 pm. It was virtually impossible for anyone to tell exactly what would be the Order the Court. It can go either way. The Court may issue a Rule, may reject the application summarily or alternatively may give appropriate directions for the constitution of a larger bench.
At 2 pm everyone in the jam packed court room was waiting anxiously. There was hardly any space in the court room. Most of the officials of the Attorney General Office along with all the ex-Ministers of the immediate past government were present inside the Court. The front bench which is reserved for the officials of the Attorney General's Office was completely occupied by the high profile lawyers of the past government. At one stage the Attorney General could not find any room for himself. Everyone was waiting breathlessly. The Honourable Judges entered into the room a little after 2 pm and abruptly the Attorney General handed over an order of the CJ (Chief Justice) staying the proceedings of all the three writs including the one which was not even taken up for hearing. We are not here to discuss whether he can or can't. However, we would try to narrate how it was perceived on that day.
On that day the entire nation was shocked to see the disorder in the court building. However not many understood what actually happened on that day to this poor nation. The following day national dailies published different news item about numerous incidents when the present CJ apparently interfered with the justice delivery system on political ground.
The incidents that happened on that day in the apex court have two aspects, one is visible and the other is invisible to general people. The one which was visible to the nation is also disgusting. However the other aspect which was not understood by many has created dangerous precedent in our judiciary. Many who understood actually what happened on that day till date do not want to talk about it or even think about it.
The nation was left with no other alternative for justice against tyranny of government (elected or caretaker). As a lawyer we fight for our clients' rights and at times, if there is a good case, we create legal pressure on the court for justice. Our job is to interpret law in line with the facts before us. We expect nothing but a complete victory of our clients whenever the situation demands. However, on the 30th November, 2006 we felt that we would not be able to do that anymore. We also feel that not only our profession is in jeopardy but the entire justice delivery system is in great danger. From now on anyone can be stopped from coming before the court and seeking justice. Many are openly criticising the CJ.
May we dare to issue a Public Notice in the form of a Rule Nisi calling upon the present CJ to show cause (1) what on earth would have happened if his Lordship kindly waited only a day and allow the High Court Division to function normally? (2) What exactly would have happened if a Rule Nisi was issued on that day? and (3) Does he know hundreds of much talked about, well publicised and high profile Rules are rotting inside the court file without there being any prospect of showing them light in the near future? I don't think we can. Similarly, does anyone care that purportedly last year the Hon'ble Supreme Court was closed for about 230 days? Moreover in most of the cases Rule means simply nothing unless it is hard on time. Even if we issue a Rule to the CJ there is no possibility he would respond to that. On many occasions Rules are becoming outdated and lawyers are withdrawing their application for non prosecution.
We are not in a position to judge the Honourable CJ of Bangladesh. However we certainly can pray for him. God bless him.
This is a fortnightly column and the columnist is an advocate of the Supreme Court, Bangladesh, who can be reached at mail@legalsteps.net
