No politics over judgment

Chief Justice Surendra Kumar Sinha yesterday said the Supreme Court welcomes constructive criticisms of judgments and its judges will not fall into any trap laid by the government or the opposition. 

Requesting all to refrain from playing politics with SC verdicts, he said everybody should exercise restraint and it will be good for all.

Justice Sinha made the remarks when a section of pro-BNP lawyers placed before the apex court some newspaper reports containing the comments of Law Commission Chairman Justice ABM Khairul Haque on the 16th constitutional amendment verdict.

The chief justice was presiding over a three-member bench for dealing with the day's cases.

"We will not fall into any trap by the government or the opposition. We are cautious. We, the seven judges, delivered the verdict after thinking a lot. Don't do politics over judgments. Exercise restraint," he said.

Justice Sinha added anybody can criticise an SC verdict in a constructive way once it is delivered and history will be the best judge.

"Constructive criticisms of Supreme Court verdicts can be made. We accept such criticisms. But if the criticism is not constructive, the judiciary will be harmed."

The lawyers led by Supreme Court Bar Association President Zainul Abedin and Secretary AM Mahbub Uddin Khokon prayed to the apex court for a contempt of court rule against former chief justice Khairul Haque. They said his comments were highly contemptuous.

Since the release of the full verdict, lawmakers and cabinet members have been lambasting it.

On Wednesday, Justice Khairul at a press conference at his office strongly criticised the SC verdict, terming it immature, preconceived and irrelevant.

He said that the SC made observations overlooking "the main issue of the case" and it seems from the verdict that Bangladesh is no more a republic of the people; it is a republic of judges.

Citing the comments of Justice Khairul, SCBA President Zainul Abedin told the apex court that they came to uphold the dignity of the judiciary.

The chief justice replied that there is nothing wrong with lawyers speaking of the dignity of the judiciary.

He, however, added, "When a judgment is delivered, it can be criticised in a constructive way, and we accept constructive criticisms."

Zainul also said that Justice Khairul, holding a responsible position like law commission chairman, cannot make comments about the SC verdict in such a manner. 

Justice Sinha then said they are aware of it and will look into it.

"We, the seven judges, have delivered the judgment [in 16th amendment case] unanimously and the judiciary will not issue any rejoinder [against criticisms]," he added.

Advocate SM Rezaul Karim, an Awami League leader and former secretary of the SCBA, who was present at the court, said the SCBA president did not pass any resolution on the decision about any move against Justice Khairul Haque.

At one stage of the proceedings, former BNP minister barrister Moudud Ahmed told the SC that the comment of Justice Khairul Haque is contemptuous.

BNP leader and former SCBA president advocate Khandakar Mahbub Hossain told the court that the comments of Justice Khairul has scandalised the judiciary.

SCBA Secretary AM Mahbub Uddin Khokon prayed to the court to issue a contempt of court rule against the Law Commission chief.

The apex court on August 1 released the full text of its judgment upholding a High Court verdict which scrapped the 16th amendment that had empowered parliament to remove SC judges for incapacity or misconduct.

In the verdict, the SC observed the government becomes arrogant and uncontrolled in the absence of checks and balances and effective watchdog mechanism.

"Human rights are at stake, corruption is rampant, parliament is dysfunctional, crores of people are deprived of basic healthcare and mismanagement in the administration is acute," it said.