President can see if apex court judges committed misconduct in observations: law minister

Staff Correspondent | Published: 00:05, Aug 14,2017 | Updated: 00:05, Aug 14,2017

 
 

Law minister Anisul Huq said Sunday that there was scope for the president to see whether or not Appellate division judges committed any misconduct in their observations relating to the 16th Amendment verdict.
Replying to a question at a meet the press event of Dhaka Reporters Unity, the law minister said the president alone had the authority to look into the issue.
Replying to a separate question, he said that the judges’ another observation that the Liberation War was not fought under a single leader ‘does not tally with history.’
‘Being in conflict with history, this tantamount to distortion of history,’ said Anis.
‘No doubt that history has been distorted,’ said the law minister.
‘Independence did not come overnight, and after long-drawn movement led by himself, on March 26 (1971), Bangabandu declared independence, taking people’s mandate,’ said Anis.
‘The historic truth is that the Liberation War was fought under Bangabandhu Sheikh Mujibur Rahman’s leadership,’ said Anis.
He called the observation made in this regard in the verdict as ‘irrelevant’ and said that the government was now thoroughly reviewing the 799-page verdict to find out whether or not it contained any ‘objectionable and irrelevant views’.
Anis said that the government would seek review of the verdict to get the objectionable and irrelevant remarks expunged.
‘ I don’t know what was the subject of their discussions,’ said the law minister when asked about the content of Saturday night’s discussions between ruling Awami League general secretary and road transport and bridges minister Obaidul Quader and Chief Justice SK Sinha and whether they would help resolve the matter.’
‘But since the judiciary, the executive and the legislature are integral parts of the state, there can be discussions among us. We are not in any contest for power,’ said the law minister
‘The door would always remain open for discussions,’ he said, adding, it would never be closed.’
‘We are respectful to the judiciary, just as it should be. It is our responsibility to respect the Chief Justice’ he said.
‘This is not really desirable, and equally not desirable is that irrelevant matters would be added to the verdict,’ said the law minister to the question whether or not the movement in protest against the 16th Amendment threatened by Awami Ainjibi Parishad could obstruct the functioning of the judiciary.
‘If hurt, anyone is free to hold protest, but we have to see that none obstructs justice delivery,’ he said.
‘Emotion is running high, it would calm down,’ said the law minister.
‘We would make no law, unfriendly to journalists,’ he said when asked whether the controversial Section 57 of the Information and Communication Technology Act would be scrapped without hedging its contents in any other law as the journalists were demanding.
The 16th Amendment, which restored Parliament’s power to remove Supreme Court judges were struck down by the High Court Division on ….
On July 3, the Appellate Division in a short verdict upheld the High Court Division’s decision.
On August 1, the Appellate Division released the full verdict.
Law ministry secretary Abu Saheh Sheikh Md Zahirul Haque attended the event chaired by DRU president Sakhawat Hossain Badsha while DRU general secretary Mursalin Nomani conducted the programme. 

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