HC order to Artha Rin Adalat illegal, observes SC

The Supreme Court (SC) has observed that a High Court bench issued an absolutely illegal order, directing the Artha Rin Adalat (Money Loan Court) to decree the suits in a specified manner. This has eroded the confidence of the litigants and will have the effect of undermining the credibility of the judiciary as whole, it said.

The SC came up with the observation in a full copy of the verdict released yesterday. It was regarding an appeal filed by the National Bank and others against a High Court order that issued directive for the Artha Rin Adalat to issue decree in favour of MR Trading Company in a case filed against it over loan recovery of Tk. 209.83 crore.

According to the case history, in 2016, the National Bank and Agrani Bank jointly filed a case before the Artha Rin Adalat in Dhaka against Md Mizanur Rahman and Razia Rahman for recovery of loan of Tk.209.83 crore and, if so required, by selling the mortgaged property, as described in the schedule to the plaint.

However, Md Mizanur Rahman filed an application for getting a decree in the said suit in terms of a memorandum of understanding allegedly entered into on August 30 in 2017 between the National Bank and Md Mizanur Rahman which was rejected by the Artha Rin Adalat in 2016.

Against that rejection order, Rahman filed a writ petition in 2017 before the High Court Division.

Following the writ petition, an HC bench, comprising Justice Salma Masud Chowdhury and Justice AKM Zahirul Hoque, issued a rule asking the authorities concerned why the impugned order of Artha Rin Adalat, rejecting the application of the petitioner, should not be declared illegal.

The HC bench also passed an interim order directing the Artha Rin Adalat to pass a decree in line with its directive.

Later, the National Bank filed an appeal before the Supreme Court and the apex court, on May 16, expressed dissatisfaction over the HC activity regarding the case proceeding.

The full bench of the Appellate Division, headed by Chief Justice Syed Mahmud Hossain, expressed concern after Attorney General Mahbubye Alam raised complaints against the High Court bench for issuing an order to the Artha Rin Adalat to issue a decree in line with an HC directive, which the AG termed “illegal and beyond its jurisdiction.”

In its verdict, the apex court on May 16 this year cancelled the HC order, and the judgments and decrees of the Artha Rin Adalat were set aside.

The apex court also directed the Adalat to proceed with both the suits in accordance with the law.

The copy of the apex court verdict released yesterday observed: “It is to be remembered that it is the duty of the judges to maintain high ethical standards and impartiality. It is the duty of the judges to act at all times in a manner that promotes public confidence in respect of the integrity and impartiality of the judges and the judiciary as a whole.”

In view of the facts and circumstances stated above, what would be the perceptions of a reasonable person, the apex court questioned.

“A reasonable person would perceive that the Judges’ ability to carry out judicial responsibilities with integrity, honesty, impartiality and competence has been impaired and that their conduct reflects adversely on their honesty, impartiality, temperament and fitness to serve as Judges,” the verdict said.

“The learned Judges of the High Court Division have issued an absolutely illegal order directing the Artha Rin Adalat to decree the suits in a specified manner, which has eroded the confidence of the litigants to the suits and will have the effect of undermining the credibility of the judiciary as a whole,” the seven-member Appellate Division bench, headed by the Chief Justice, said in the verdict.

It also observed: “Similarly, the lawyers being officers of the Court are equally responsible to maintain the dignity, prestige and image of the Court, as well as the judiciary as a whole. In this case, they totally failed to perform their duties as deserved by the Court. Particularly, the lawyer who filed the contempt petition making allegations of violation of the interim order after getting the order discharging the Rule issued in Writ Petition No.13673 of 2017, must answer about his conduct and bona fide.”

From the materials on record, as well as from the statement made in this civil petition, it appears that the Artha Rin Adalat passed decrees in two Artha Rin Suits in accordance with the direction of the High Court Division in favour of the MR Trading Company, the apex court said.

The HC bench directed to decree the suit in respect of the Artha Rin case as well, which was not only unprecedented but under no circumstances can be sustained in law. Such direction/command was not issued bona fide and fairly. In fact, it was collusive, cunning, deceitful and fraudulent order, the apex court verdict said.

The entire facts and circumstances appear to be grossly against the law and judicial conscience, the apex court verdict said.

On August 22, the Supreme Court restrained three judges of the High Court Division from performing their duties. This followed a primary investigation against the judges for alleged corruption and misconduct.

Chief Justice Syed Mahmud Hossain had consulted the President about the investigation and asked the judges to refrain from conducting judicial activities, SC sources said.

The three judges are Justice Salma Masud Chowdhury, Justice Quazi Reza-ul-Hoque and Justice AKM Zahirul Hoque.

A statement by the SC administration said that following a primary investigation, the Supreme Court authorities, after consulting the President, informed three honourable judges of the High Court Division about the decision to refrain them from conducting judicial activities. Later, the judges submitted leave applications, according to the statement issued on August 22 and signed by Md Saifur Rahman, special officer of the Supreme Court.

HC order to Artha Rin Adalat illegal, observes SC

The Supreme Court (SC) has observed that a High Court bench issued an absolutely illegal order, directing the Artha Rin Adalat (Money Loan Court) to decree the suits in a specified manner. This has eroded the confidence of the litigants and will have the effect of undermining the credibility of the judiciary as whole, it said. The SC came up with the observation in a full copy of the verdict released yesterday. It was regarding an appeal filed by the National Bank and others against a High Court order that issued directive for the Artha Rin Adalat to issue decree in favour of MR Trading Company in a case filed against it over loan recovery of Tk. 209.83 crore. According to the case history, in 2016, the National Bank and Agrani Bank jointly filed a case before the Artha Rin Adalat in Dhaka against Md Mizanur Rahman and Razia Rahman for recovery of loan of Tk.209.83 crore and, if so required, by selling the mortgaged property, as described in the schedule to the plaint. However, Md Mizanur Rahman filed an application for getting a decree in the said suit in terms of a memorandum of understanding allegedly entered into on August 30 in 2017 between the National Bank and Md Mizanur Rahman which was rejected by the Artha Rin Adalat in 2016. Against that rejection order, Rahman filed a writ petition in 2017 before the High Court Division. Following the writ petition, an HC bench, comprising Justice Salma Masud Chowdhury and Justice AKM Zahirul Hoque, issued a rule asking the authorities concerned why the impugned order of Artha Rin Adalat, rejecting the application of the petitioner, should not be declared illegal. The HC bench also passed an interim order directing the Artha Rin Adalat to pass a decree in line with its directive. Later, the National Bank filed an appeal before the Supreme Court and the apex court, on May 16, expressed dissatisfaction over the HC activity regarding the case proceeding. The full bench of the Appellate Division, headed by Chief Justice Syed Mahmud Hossain, expressed concern after Attorney General Mahbubye Alam raised complaints against the High Court bench for issuing an order to the Artha Rin Adalat to issue a decree in line with an HC directive, which the AG termed illegal and beyond its jurisdiction. In its verdict, the apex court on May 16 this year cancelled the HC order, and the judgments and decrees of the Artha Rin Adalat were set aside. The apex court also directed the Adalat to proceed with both the suits in accordance with the law. The copy of the apex court verdict released yesterday observed: It is to be remembered that it is the duty of the judges to maintain high ethical standards and impartiality. It is the duty of the judges to act at all times in a manner that promotes public confidence in respect of the integrity and impartiality of the judges and the judiciary as a whole. In view of the facts and circumstances stated above, what would be the perceptions of a reasonable person, the apex court questioned. A reasonable person would perceive that the Judges ability to carry out judicial responsibilities with integrity, honesty, impartiality and competence has been impaired and that their conduct reflects adversely on their honesty, impartiality, temperament and fitness to serve as Judges, the verdict said. The learned Judges of the High Court Division have issued an absolutely illegal order directing the Artha Rin Adalat to decree the suits in a specified manner, which has eroded the confidence of the litigants to the suits and will have the effect of undermining the credibility of the judiciary as a whole, the seven-member Appellate Division bench, headed by the Chief Justice, said in the verdict. It also observed: Similarly, the lawyers being officers of the Court are equally responsible to maintain the dignity, prestige and image of the Court, as well as the judiciary as a whole. In this case, they totally failed to perform their duties as deserved by the Court. Particularly, the lawyer who filed the contempt petition making allegations of violation of the interim order after getting the order discharging the Rule issued in Writ Petition No.13673 of 2017, must answer about his conduct and bona fide. From the materials on record, as well as from the statement made in this civil petition, it appears that the Artha Rin Adalat passed decrees in two Artha Rin Suits in accordance with the direction of the High Court Division in favour of the MR Trading Company, the apex court said. The HC bench directed to decree the suit in respect of the Artha Rin case as well, which was not only unprecedented but under no circumstances can be sustained in law. Such direction/command was not issued bona fide and fairly. In fact, it was collusive, cunning, deceitful and fraudulent order, the apex court verdict said. The entire facts and circumstances appear to be grossly against the law and judicial conscience, the apex court verdict said. On August 22, the Supreme Court restrained three judges of the High Court Division from performing their duties. This followed a primary investigation against the judges for alleged corruption and misconduct. Chief Justice Syed Mahmud Hossain had consulted the President about the investigation and asked the judges to refrain from conducting judicial activities, SC sources said. The three judges are Justice Salma Masud Chowdhury, Justice Quazi Reza-ul-Hoque and Justice AKM Zahirul Hoque. A statement by the SC administration said that following a primary investigation, the Supreme Court authorities, after consulting the President, informed three honourable judges of the High Court Division about the decision to refrain them from conducting judicial activities. Later, the judges submitted leave applications, according to the statement issued on August 22 and signed by Md Saifur Rahman, special officer of the Supreme Court.