SC judge seeks CJ �impeachment�
Justice Shamsuddin Chy writes to president, claiming CJ violated constitution
A sitting judge of the Appellate Division, Justice AHM Shamsuddin Choudhury, yesterday sought impeachment of Chief Justice Surendra Kumar Sinha for, what he alleges, violation of the constitution.
In a letter addressed to President Abdul Hamid, Justice Choudhury sought Chief Justice Sinhas removal on the grounds of the alleged violation of the constitution, breach of oath and misconduct by the chief justice.
Justice Choudhury, also nicknamed Manik, alleged that he has not been discharging his judicial functions since September 8 as the chief justice kept him out of bench.
The chief justice has kept me out of bench since September 8, which is a clear violation of section 94(4) of the constitution. Although I am a sitting judge, the chief justice, out of personal grudge, has deprived me of performing judicial duties. This misconduct by the chief justice is impeachable, the letter reads.
Justice Choudhury was learnt to have sent copies of the letter to the prime minister, the speaker, the chief justice, the law minister and Supreme Court judges.
The letter was received at Bangabhaban. The Independent received a copy of the letter that shows the seal of an on-duty police officer at the Bangabhaban entrance acknowledging the receipt of the letter.
The row started on August 25 following a letter sent by the chief justice through the Supreme Court registrar general to Justice Choudhury related to his pension issue. In the letter, the chief justice asked Justice Choudhury to complete the writings of all the pending case verdict copies before going into retirement in order to forward his pension file.
On August 31, Justice Choudhury sent a letter to the chief justice questioning the validity of his letter.
After that the chief justice on September 2 sent another letter expressing his apprehension that Justice Choudhury might go abroad without completing the writings of the pending verdict copies since as he is a British passport holder.
In response to the chief justice letter, Justice Manik on September 8 in another letter said that the letter sent to him by Chief Justice Sinha was tantamount to violation of constitutional oath. After that Justice Choudhury has remained out of bench.
In yesterdays letter, Justice Choudhury said, As per Article 107(3) of the constitution, the chief justice forms benches of the judges. But, the constitution did not empower the chief justice to keep any sitting judge out of bench.
The letter also reads: The chief justice kept me out of bench at a time when some cases were partly heard before my court and some cases were put on cause list for hearing this week.
Choudhury also alleged, I have been subjected to discriminatory behaviour and vengeful attitude by the chief justice.
Following the discriminatory attitude towards me, it is clear that the honourable chief justice is a person, who is unable to deliver justice impartially. Such unjust and personal vindictive decision is bound to hamper the freedom of other judges in delivering justice independently, the letter reads.
I am a colleague of Chief Justice Sinha. The decision of the chief justice against me shows that he is not able to deliver justice staying above aversion and devotion, the letter added. The letter also alleged that the role of chief justice was contrary to the establishment of justice.
When contacted, Law Minister Annisul Haque declined to make any comment before reading the copy of the letter.
I came to know from journalists about the matter. But I am yet to receive any copy of the letter. Without going through the copy I cannot make any comment, he added.
