CJ to face ACC probe

Says Law Minister Anisul Huq

Law minister Anisul Huq yesterday announced that the allegations levelled against Chief Justice Surendra Kumar Sinha, currently in Australia on sick leave, would be investigated through the Anti Corruption Commission (ACC). “The allegations, which were brought against the Chief Justice, come under the jurisdiction of the ACC. Most of the allegations come under the jurisdiction of the Special Powers Act 2004. So, a case will be filed if the allegations are found well-grounded through primary investigation,” the law minister commented at a press briefing at the Secretariat amidst the ongoing debate over the CJ’s one-month leave and the set of 11 allegations levelled against him.

In response to a query, the law minister said that following the 11 allegations brought against the Chief Justice, all other Appellate Division judges earlier took the decision not to sit with the Chief Justice until and unless the 11 allegations brought against him are settled. “If that was their decision, how will the Chief Justice sit here to conduct judicial functions, as there is no system to run a single bench for judicial functioning?” the law minister asked.

He said that the allegations would be investigated and then action would be taken in accordance with the law, if the allegations were found to be true.

In response to a query on why the government allowed the Chief Justice to go abroad even after receiving 11 allegations against him, the law minister said, “Justice SK Sinha was still the Chief Justice of the country. The Chief Justice is an institution and it is a constitutional post. Hence, it would not be wise to take any initiative hurriedly against him before the allegations are found to true.”

Replying to another question, he opined that the Supreme Judicial Council

does not exist at present. “The government will appeal against the 16th amendment verdict. Also, the Supreme Judicial Council system for removal of Supreme Court judges cannot automatically be restored,” he said.

Referring to the Constitution, Anisul, a lawyer-turned-politician, said the seniormost judge of the Appellate Division, Justice Md Abdul Wahhab Miah, would perform the functions of the CJ.

After reading out the two letters submitted by CJ SK Sinha and forwarding letters relating to his one-month leave, the law minister said, “We have taken a decision to appoint Justice Md Abdul Wahhab Miah as acting Chief Justice to perform the functions of the Chief Justice in the absence of Chief Justice SK Sinha. So, there is no scope to create a debate over the matter.”

The law minister claimed that some vested quarters have been creating a controversy over the CJ’s leave and his visit abroad for political gain as they have no any reasonable political issue.

When asked about the statement of Justice Sinha which he handed over to reporters waiting in front of the Chief Justice’s official residence while leaving for the airport on October 13, the minister said, ‘I’m dumbfounded. A test should have been conducted on his health condition soon after his leave application. But it wasn’t done,” the minister added.

In response to another query whether the Supreme Judicial Council (SJC) would be formed against Chief Justice SK Sinha, he said that “there is a vacuum in the Constitution relating to the formation of SJC against the Chief Justice. So action can be taken as per the law if the allegations are found to be true”.

Earlier, the Supreme Court administration, in a statement on Saturday, termed as “misleading” the statement Chief Justice SK Sinha issued before leaving Dhaka for Australia on Friday, saying there were 11 specific allegations of money laundering, financial irregularities, corruption and moral turpitude against him.

Supreme Court (SC) registrar-general Syed Aminul Islam issued the statement a day after he saw Justice SK Sinha off at the airport in Dhaka late on Friday night.

On October 5, he—along with his spouse—obtained long-term Australian visas after he reportedly went on a 30-day ‘sick leave’ on October 3.

Before leaving the country on Friday night, Justice Sinha said he was not sick, contradicting the government’s claim that he had gone on leave on health grounds earlier this month.

He spoke to reporters briefly in front of his Hare Road residence and handed them a signed statement, typed in Bangla, before heading to the airport.

In the statement, Justice Sinha said he was fully well, but embarrassed by the way he was criticised by a political quarter, lawyers, and especially the honourable Prime Minister and some ministers, over a verdict.

He also said he was a “bit worried about the independence of the judiciary”.

CJ to face ACC probe

Says Law Minister Anisul Huq

Law minister Anisul Huq yesterday announced that the allegations levelled against Chief Justice Surendra Kumar Sinha, currently in Australia on sick leave, would be investigated through the Anti Corruption Commission (ACC). The allegations, which were brought against the Chief Justice, come under the jurisdiction of the ACC. Most of the allegations come under the jurisdiction of the Special Powers Act 2004. So, a case will be filed if the allegations are found well-grounded through primary investigation, the law minister commented at a press briefing at the Secretariat amidst the ongoing debate over the CJs one-month leave and the set of 11 allegations levelled against him. In response to a query, the law minister said that following the 11 allegations brought against the Chief Justice, all other Appellate Division judges earlier took the decision not to sit with the Chief Justice until and unless the 11 allegations brought against him are settled. If that was their decision, how will the Chief Justice sit here to conduct judicial functions, as there is no system to run a single bench for judicial functioning? the law minister asked. He said that the allegations would be investigated and then action would be taken in accordance with the law, if the allegations were found to be true. In response to a query on why the government allowed the Chief Justice to go abroad even after receiving 11 allegations against him, the law minister said, Justice SK Sinha was still the Chief Justice of the country. The Chief Justice is an institution and it is a constitutional post. Hence, it would not be wise to take any initiative hurriedly against him before the allegations are found to true. Replying to another question, he opined that the Supreme Judicial Council does not exist at present. The government will appeal against the 16th amendment verdict. Also, the Supreme Judicial Council system for removal of Supreme Court judges cannot automatically be restored, he said. Referring to the Constitution, Anisul, a lawyer-turned-politician, said the seniormost judge of the Appellate Division, Justice Md Abdul Wahhab Miah, would perform the functions of the CJ. After reading out the two letters submitted by CJ SK Sinha and forwarding letters relating to his one-month leave, the law minister said, We have taken a decision to appoint Justice Md Abdul Wahhab Miah as acting Chief Justice to perform the functions of the Chief Justice in the absence of Chief Justice SK Sinha. So, there is no scope to create a debate over the matter. The law minister claimed that some vested quarters have been creating a controversy over the CJs leave and his visit abroad for political gain as they have no any reasonable political issue. When asked about the statement of Justice Sinha which he handed over to reporters waiting in front of the Chief Justices official residence while leaving for the airport on October 13, the minister said, Im dumbfounded. A test should have been conducted on his health condition soon after his leave application. But it wasnt done, the minister added. In response to another query whether the Supreme Judicial Council (SJC) would be formed against Chief Justice SK Sinha, he said that there is a vacuum in the Constitution relating to the formation of SJC against the Chief Justice. So action can be taken as per the law if the allegations are found to be true. Earlier, the Supreme Court administration, in a statement on Saturday, termed as misleading the statement Chief Justice SK Sinha issued before leaving Dhaka for Australia on Friday, saying there were 11 specific allegations of money laundering, financial irregularities, corruption and moral turpitude against him. Supreme Court (SC) registrar-general Syed Aminul Islam issued the statement a day after he saw Justice SK Sinha off at the airport in Dhaka late on Friday night. On October 5, healong with his spouseobtained long-term Australian visas after he reportedly went on a 30-day sick leave on October 3. Before leaving the country on Friday night, Justice Sinha said he was not sick, contradicting the governments claim that he had gone on leave on health grounds earlier this month. He spoke to reporters briefly in front of his Hare Road residence and handed them a signed statement, typed in Bangla, before heading to the airport. In the statement, Justice Sinha said he was fully well, but embarrassed by the way he was criticised by a political quarter, lawyers, and especially the honourable Prime Minister and some ministers, over a verdict. He also said he was a bit worried about the independence of the judiciary.