Justice Shamsuddin�s letter seeking CJ removal
Move not decent: SCBA
SCBA?decides not to confer felicitation programme for
Justice Shamsuddin Choudhury
Supreme Court Bar Association (SCBA) President Khandaker Mahbub Hossain has commented that the move of Justice AHM Shamsuddin Choudhury Manik to send a letter to the president seeking removal of the Chief Justice was not decent.
Sending of the letter to the president by Appellate Division Justice AHM Shamsuddin Choudhury Manik seeking the removal of Chief Justice Surendra Kumar Sinha was not decent, the SCBA president made the comment while talking to reporters at his office yesterday.
An aggrieved person can submit application before the authorities concerned seeking removal of Supreme Court judges. But, it was the first time that an Appellate Division judge has sought the removal of the chief justice, Hossain added.
Justice AHM Shamsuddin Choudhury Manik, in a letter addressed to President Abdul Hamid on Sunday, sought impeachment of Chief Justice Surendra Kumar Sinha for, what he alleges, violation of the constitution, breach of oath and misconduct by the chief justice.
Justice Choudhury also alleged that he has not been discharging his judicial functions since September 8 as the chief justice had 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 sent by Justice AHM Shamsuddin Choudhury read.
The SCBA president, however, said that Justice Choudhury could have sent the letter to parliament for resolution, because, parliament is now the sole authority to remove the Supreme Court judges.
As per the provision, the president can send the letter to the parliament, if he wants to take any action on the basis of the letter, the SCBA president noted.
Khandaker Mahbub Hossain said that the SCBA would not give a felicitation to the outgoing Appellate Division Justice AHM Shamsuddin Choudhury. The justice is yet to complete the writing of verdicts in his pending cases, he added.
In a general meeting, the SCBA decided not to confer the felicitation programme for the outgoing Justice AHM Shamsuddin Choudhury.
