Create guideline on judgment writing after retirement

says former Chief Justice Mahmudul Amin

Former Chief Justice Mahmudul Amin Chowdhury yesterday recommended formulating a guideline on writing judgments by retired judges, reports UNB. He came up with the suggestion while speaking at a discussion at the Supreme Court Bar Association (SCBA) auditorium. Gonotantrik Ainjibi Samity organised the programme, ‘Independence of Judiciary and Current State’, with its president Jaglul Haider in the chair. Former SC Justice Nazrul Islam Chowdhury, prominent jurist Dr Kamal Hossain and constitution expert Dr Shahdeen Malik also spoke on the occasion.
The issue of writing judgments after the retirement of judges came in the limelight after Chief Justice SK Sinha in a message on the occasion of the first anniversary of his taking office on January 19 said, “Some judges delay in writing judgements. Some of them even continue to write verdicts long after their retirement which goes against the law and the constitution.” Recalling the practice of his time, Mahmudul Amin said it will not be illegal to write verdicts after one’s retirement as the Appellate Division comes up with rulings first and then written judgments. Though, he cautioned, the ruling cannot be changed in any way if the judgment needs to be written after the judge’s retirement. If someone gives the written judgment changing some parts of the ruling after six months or one year, or one and a half years of the ruling, it should be considered a ‘criminal offence’, Mahmudul Amin said, adding that Chief  Justice Sinha termed the writing of judgment after retirement as going against law and the Constitution on the same ground. As the debate has ensued, there should be a guideline on writing of judgments after retirement, he insisted.
In another message on Sunday, the CJ hoped that former Supreme Court Justice AHM Shamsuddin Choudhury will immediately return to the SC registrar office the files of all the cases the verdicts of which he could not write while in service.
This was revealed in a press release signed by Supreme Court’s acting registrar general Abu Syed Dilzar Hossain on Sunday, hours after Justice AHM Shamsuddin Choudhury briefed the media over the disputes regarding writing verdicts after retirement.
At a press briefing on the SC premises, Justice AHM Shamsuddin Choudhury said he sent a letter to the Chief Justice requesting him to receive the judgments and orders written by him after going on retirement.

Create guideline on judgment writing after retirement

says former Chief Justice Mahmudul Amin

Former Chief Justice Mahmudul Amin Chowdhury yesterday recommended formulating a guideline on writing judgments by retired judges, reports UNB. He came up with the suggestion while speaking at a discussion at the Supreme Court Bar Association (SCBA) auditorium. Gonotantrik Ainjibi Samity organised the programme, Independence of Judiciary and Current State, with its president Jaglul Haider in the chair. Former SC Justice Nazrul Islam Chowdhury, prominent jurist Dr Kamal Hossain and constitution expert Dr Shahdeen Malik also spoke on the occasion. The issue of writing judgments after the retirement of judges came in the limelight after Chief Justice SK Sinha in a message on the occasion of the first anniversary of his taking office on January 19 said, Some judges delay in writing judgements. Some of them even continue to write verdicts long after their retirement which goes against the law and the constitution. Recalling the practice of his time, Mahmudul Amin said it will not be illegal to write verdicts after ones retirement as the Appellate Division comes up with rulings first and then written judgments. Though, he cautioned, the ruling cannot be changed in any way if the judgment needs to be written after the judges retirement. If someone gives the written judgment changing some parts of the ruling after six months or one year, or one and a half years of the ruling, it should be considered a criminal offence, Mahmudul Amin said, adding that Chief Justice Sinha termed the writing of judgment after retirement as going against law and the Constitution on the same ground. As the debate has ensued, there should be a guideline on writing of judgments after retirement, he insisted. In another message on Sunday, the CJ hoped that former Supreme Court Justice AHM Shamsuddin Choudhury will immediately return to the SC registrar office the files of all the cases the verdicts of which he could not write while in service. This was revealed in a press release signed by Supreme Courts acting registrar general Abu Syed Dilzar Hossain on Sunday, hours after Justice AHM Shamsuddin Choudhury briefed the media over the disputes regarding writing verdicts after retirement. At a press briefing on the SC premises, Justice AHM Shamsuddin Choudhury said he sent a letter to the Chief Justice requesting him to receive the judgments and orders written by him after going on retirement.