Writing verdict after retirement not unconstitutional

Opposing the chief justice's remark on writing verdicts after retirement, Law Minister Anisul Huq yesterday said the CJ can give directives to judges on writing judgments within a specific timeframe.

He said this in parliament after some ruling Awami League lawmakers blasted Chief Justice Surendra Kumar Sinha for his January 19 comment.

There is no constitutional bar on writing verdicts after retirement of judges. The CJ in no way could claim such a practice as unconstitutional, the minister noted.

On the occasion of the first anniversary of his taking office, the CJ in a message said some judges make unusual delays in writing verdicts while others continue with the job even long after their retirement, which goes against the law and the constitution.

Supporting the CJ's stance, the BNP demanded restoration of the caretaker government system claiming that the Supreme Court judgment, which scrapped the provision, was illegal and unconstitutional.

A SC bench, led by then chief justice ABM Khairul Haque, in 2011 had declared the caretaker government system unconstitutional. Justice Khairul had signed the verdict 16 months after his retirement.

Yesterday, the law minister said: “If the chief justice wants to bring changes to the practice, he can give directives to this end…. If he has any kind of advice on how to go forward, we can follow the advice. We cannot go backwards.”

Anisul said there has been an established rule in the High Court that verdicts should be written at the judges' chamber. If any judge fails to do so due to a backlog of cases, he has the right to do the job outside the chamber.

Earlier, speaking on a point of order, independent lawmaker Rustam Ali Farazi raised the issue in the House.

Taking part in the discussion, AL MP Suranjit Sengupta said the practice of writing verdicts after retirement would continue as the constitution will not be changed following someone's statement.

“Such a statement from the head of the judiciary means there is unrest in the country. The former opposition party accepted the statement immediately and started terming the government illegal,” he added.

Also the chairman of the parliamentary body on the law, justice and parliamentary affairs ministry, Suranjit said the country is being run according to the constitution.

The CJ created tension by making public an internal issue of the judiciary, said the legislator.

Another AL lawmaker Abdul Matin Khasru said the CJ cannot say whatever he likes as he is a symbol of confidence.