Supreme Court judge Shah Abu Nayeem Mominur Rahman, who handed down verdicts in a series of high-profile cases, has been stripped of his writ powers.
The chief justice M Ruhul Amin in an executive order on Monday stripped of the writ powers of Shah Abu Nayeem Mominur Rahman and also changed jurisdiction of the HC bench consisting of Justice Nayeem and Justice Shahidul Islam and given the jurisdiction of hearing the first civil appeal of more than Tk 1 lakh, revision and rule.
The jurisdiction of death reference hearing of the High Court bench of Justice Md Iman Ali and Justice AFM Abdur Rahman has been changed and the bench has been given the jurisdiction of hearing writ appeals.
The administrative order comes as the HC bench of Justice Shah Abu Nayeem Mominur Rahman and Justice Shahidul Islam is scheduled to hold the final hearing from March 19 on a writ petition by barrister Masud Reza Sobhan challenging the validity of not holding national elections in 90 days from the dissolution of parliament.
As per the edict of High Court division, the senior most judge of the division deserves the jurisdiction of hearing writ appeals and Justice Nayeem is now the senior most judge of the division.
The HC bench headed by Justice Nayeem was given the jurisdiction of hearing writ appeals since M Ruhul Amin was sworn-in as chief justice in March 2007.
Since then, the bench gave verdicts of a number of writ appeals filed by the high-profile accused.
The bench passed a verdict, declaring illegal the Anticorruption Commission’s notice seeking a wealth statement from Hasina. But the full bench of Appellate Division of the Supreme Court, headed by chief justice M Ruhul Amin, on March 13 turned down the HC edict and upheld the ACC notice.
The bench gave a verdict cancelling businessman Azam Jahangir Chowdhury’s case against former prime minister Sheikh Hasina.
The bench also asserted that the High Court can allow bail even to convicts in cases under emergency powers rules.
In another recent verdict, the bench ruled illegal law secretary Kazi Habibul Awal’s appointment and observed: ‘According to the constitution, the chief justice’s opinion is not the opinion of the Supreme Court.’
The bench also granted bail to former prime minister Khaleda Zia in the GATCO corruption case.
Justice Abu Nayeem Mominur Rahman was appointed a judge of the High Court division on June 1 in 1996 and he will go into retirement in 2011.