The Supreme Court Bar Association on Thursday protested at latest decision of the chief justice, M Ruhul Amin, on stripping the senior-most High Court judge Shah Abu Nayeem Mominur Rahman of his writ powers and termed the chief justice’s action as immoral.
The emergency general meeting of the bar association, held with its president M Amirul Islam in the chair, also demanded framing of specific rules on the constitution of benches of the Supreme Court on proper consultation with all the judges of the Appellate and High Court divisions and leaders of the bar.
The emergency meeting was convened in the wake of cancelling the writ powers of the High Court bench, headed by Justice Nayeem, which has handed down verdicts and orders in a series of high-profile cases in recent times, on Monday.
‘The action is aimed at demoralising the judges of the higher court and it has tarnished the image of the judiciary,’ Amir told the meeting.
The constitution does not provide any such provision for the chief justice to control the courts in the name of reconstitution of the benches, he said.
The Chief Justice has discretionary power under the constitution to reconstitute benches. The usual practice is that benches are reconstituted once a year or after a long vacation of the Supreme Court, he explained.
It is immoral to break any bench in the middle of a week, said the bar president adding that the incumbent chief justice had just followed in the footprint of his predecessor.
This unilateral action does not resolve the problems of the litigants and the justice seekers, rather efficient judges, who have expertise in motion and writ jurisdiction, were kept engaged in other benches.
Former SCBA president Shafique Ahmed said the changing of bench in such way is tantamount to interference to the justice delivery system.
Judges are not allowed to function independently, he said, adding that the practice of breaking bench at wish and caprice should be stopped if the bar is united.
The meeting was addressed, among others, by Khondker Mahbub Hossain, Humayun Hossain Khan, Abdul Mannan Khan, AK Mujibur Rahman and Syed Mamun Mahbub.