GRAFT ALLEGATIONS

No action taken yet against 52 judges

Even though the Supreme Court (SC) has recommended departmental action against 52 lower court judges for their alleged involvement in corruption and irregularities, the law ministry is yet to take any concrete steps against them. SC sources said the apex court had given its recommendations against the judges at different times since 2005, but the law ministry is yet to take any action against them. “… even the law ministry did not inform the Supreme Court whether it has taken any step in accordance with the apex court’s recommendations,” said a source in the Supreme Court on condition of anonymity. However, a senior official of the ministry said process is underway to implement the recommendations. “Taking departmental action is a long procedure and we are working on it,” the official said. About the status of the 52 judges, ministry sources said three of the judges have gone on voluntary retirement to avoid departmental action, six have not returned from abroad, two filed writ petitions against the cases, one was found to be “mentally disordered” and the ministry has no information about one while departmental proceedings are underway against the remaining 39 judges.
They said six trial court judges, including Sharif Hossain, Ayesha Siddiqui, Mohammad Abdullah, Mohammad Emdadullah and Begum Moshmmat Arifunnahar, have not returned from abroad.
"We are taking the initiative to give an advertisement in national dailies to start the next course of action against them," a senior official of the law ministry told The Independent on condition of anonymity.
Another senior official said the ministry could not take any action against two judges — former Rajbari chief judicial magistrate Md Nur Ali and joint district judge Abul Hossain — following their move before the High Court challenging departmental proceedings against them.
He also said another joint district judge, Md Shamsuzzaman, was found to be suffering from "mental disorder" for more than four years. "We have made a summary statement, which will be sent to the Supreme Court soon," he added.
According to SC sources, the apex court, in a letter on August 7, 2013, recommended the law ministry to initiate departmental action against senior assistant judge Javed Imam for professional misconduct, but the ministry is yet to inform the top court whether it has taken any action against him.
Meanwhile, a Dhaka court on August 27, 2013 had sentenced Bhola’s senior assistant judge Javed Imam to four years in jail for possessing contraband Phensedyl. Javed was arrested with 342 bottles of phensedyl from New Market area in the capital on December 1, 2012.
In another case, the SC had sent a letter to the law ministry asking it to file a departmental case against a judge, Begum Mukta Parveen, for her alleged involvement in professional
misconduct. But the ministry is yet to inform the SC about the steps that had been taken against her, if any.
Apart from these, the SC agreed with a government decision to file a departmental case against former district judge of Cox’s Bazar, Mokhtar Ahmed, now a special judge of Jamalpur district, for his alleged involvement in corruption while serving as the district judge.
The report also mentioned that following the allegations made by Khagrachhari lawyers against judge Mokhtar Ahmed, the Cox’s Bazar Bar Association sent a resolution to the law ministry. It said that the judge should not be allowed to enter the district after his transfer from Khagrachhari.
According to the preliminary investigation, Mokhtar had engaged in corruption while disposing of four criminal cases—Nos. 715, 801, 1332 and 1451 of 2012—while he was the district judge of Cox’s Bazar.
After scrutinising the law ministry’s proposal, on March 20 this year, the SC sent the file to the ministry, giving its approval to file a departmental case against Mokhtar on charges of corruption.
Talking to The Independent about the case, law secretary Abu Saleh Sheikh Md Zahirul Haque said he was yet to get the approval copy of the SC. “I'll take action after I receive the copy,” he added.
Also, the law ministry is yet to take action against Chandpur district and sessions judge Md Mafizul Islam, who exonerated two accused in a murder case after one of them allegedly contacted him over cell-phone.
On July 14, 2015, the SC asked the law ministry to initiate the process of filing a departmental case against Mafizul Islam.
On May 31 last year, Tawfiq Azim Mishu, the plaintiff in a case filed in 2012 over the murder of his uncle Liakat Ullah, lodged a complaint with Chief Justice Surendra Kumar Sinha, alleging that Mohammad Ehsan, an accused in the case, contacted judge Mafizul over his cell-phone 22 times between March 17 and April 15 last year, according to the probe report.
According to sources, the SC consented to a government decision to file a departmental case against a former member of the Customs, Excise and VAT Appellate Tribunal (district judge), Begum Shirin Kobita Akter, who is currently the district and sessions judge of Chuadanga, for her alleged involvement in corruption while serving as the district judge. Shirin Kobita Akter allegedly took Tk 3.95 crore as bribe from three litigants for giving verdict in their favour in three VAT-related cases.
The SC also consented to the government decision to file a departmental case against additional district and sessions judge of Dhaka-5, Md Juel Rana, for his alleged involvement in corruption.
However, the law ministry is yet to inform the SC about the latest status of the two judges -- Shirin Kobita Akter and Juel Rana, sources added.
Similarly, the SC had agreed to the law ministry's proposal to file a departmental case against Ataur Rahman, former Madaripur district judge. The apex court had sent a letter to the ministry on August 24, 2011.
Other recommendations of the apex court to file departmental cases against some district judges, including Women and Children Repression tribunal judge Akhtarul Alam (Dinajpur district judge), and Ferdous Ahmed, Bhola district judge, are pending with the law ministry.
Apart from these, some recommendations relating to 11 joint district judges are also lying pending. The joint district judges are Abul Hossain, Saifur Rahman Siddique, Begum Sheikh Razia Sultana, Maksudur Rahman, Mamun-or-Rashid, Mahbubur Rahman, Shamsuzzaman, Rifti Kumar Biswash, Nurul Alam Mohammad Nipu, Asrafuzzaman Jilani and Mohtaz Binte Hamid.
The SC’s recommendations to file departmental cases against 19 assistant and senior assistant judges are also pending with the law ministry. They include Mahbub Ali Muad, Abdul Matin, Jabed Imam, Subrata Kumar Mollik, Sharif Hossain, Abdullah Al Masum, Saiful Elahi, Ayesha Siddiqui, Mohammad Emdadullah, Begum Moshmmat Arifunnahar, Mohammad Abdullah, Akbar Ali Khan, Nuru Miah, Begum Mukta Parveen, Mohammad Hossain, Enamul Haque Basunia and Forid Alam.
Meanwhile, three proposals of the law ministry are now lying pending with the Supreme Court for its approval. Two of the proposals were made for ‘not taking’ departmental action against two judges — Chittagong additional district judge Robiouzzaman and Sirajganj joint district judge Rozina Akhtar —as the allegations brought against them were not proved. The other proposal is to file a departmental case against Sherpur additional district judge Mosleh Uddin.
But the Supreme Court is yet to give any recommendations on the three proposals, law ministry sources said.

GRAFT ALLEGATIONS

No action taken yet against 52 judges

Even though the Supreme Court (SC) has recommended departmental action against 52 lower court judges for their alleged involvement in corruption and irregularities, the law ministry is yet to take any concrete steps against them. SC sources said the apex court had given its recommendations against the judges at different times since 2005, but the law ministry is yet to take any action against them. even the law ministry did not inform the Supreme Court whether it has taken any step in accordance with the apex courts recommendations, said a source in the Supreme Court on condition of anonymity. However, a senior official of the ministry said process is underway to implement the recommendations. Taking departmental action is a long procedure and we are working on it, the official said. About the status of the 52 judges, ministry sources said three of the judges have gone on voluntary retirement to avoid departmental action, six have not returned from abroad, two filed writ petitions against the cases, one was found to be mentally disordered and the ministry has no information about one while departmental proceedings are underway against the remaining 39 judges. They said six trial court judges, including Sharif Hossain, Ayesha Siddiqui, Mohammad Abdullah, Mohammad Emdadullah and Begum Moshmmat Arifunnahar, have not returned from abroad. We are taking the initiative to give an advertisement in national dailies to start the next course of action against them, a senior official of the law ministry told The Independent on condition of anonymity. Another senior official said the ministry could not take any action against two judges former Rajbari chief judicial magistrate Md Nur Ali and joint district judge Abul Hossain following their move before the High Court challenging departmental proceedings against them. He also said another joint district judge, Md Shamsuzzaman, was found to be suffering from mental disorder for more than four years. We have made a summary statement, which will be sent to the Supreme Court soon, he added. According to SC sources, the apex court, in a letter on August 7, 2013, recommended the law ministry to initiate departmental action against senior assistant judge Javed Imam for professional misconduct, but the ministry is yet to inform the top court whether it has taken any action against him. Meanwhile, a Dhaka court on August 27, 2013 had sentenced Bholas senior assistant judge Javed Imam to four years in jail for possessing contraband Phensedyl. Javed was arrested with 342 bottles of phensedyl from New Market area in the capital on December 1, 2012. In another case, the SC had sent a letter to the law ministry asking it to file a departmental case against a judge, Begum Mukta Parveen, for her alleged involvement in professional misconduct. But the ministry is yet to inform the SC about the steps that had been taken against her, if any. Apart from these, the SC agreed with a government decision to file a departmental case against former district judge of Coxs Bazar, Mokhtar Ahmed, now a special judge of Jamalpur district, for his alleged involvement in corruption while serving as the district judge. The report also mentioned that following the allegations made by Khagrachhari lawyers against judge Mokhtar Ahmed, the Coxs Bazar Bar Association sent a resolution to the law ministry. It said that the judge should not be allowed to enter the district after his transfer from Khagrachhari. According to the preliminary investigation, Mokhtar had engaged in corruption while disposing of four criminal casesNos. 715, 801, 1332 and 1451 of 2012while he was the district judge of Coxs Bazar. After scrutinising the law ministrys proposal, on March 20 this year, the SC sent the file to the ministry, giving its approval to file a departmental case against Mokhtar on charges of corruption. Talking to The Independent about the case, law secretary Abu Saleh Sheikh Md Zahirul Haque said he was yet to get the approval copy of the SC. Ill take action after I receive the copy, he added. Also, the law ministry is yet to take action against Chandpur district and sessions judge Md Mafizul Islam, who exonerated two accused in a murder case after one of them allegedly contacted him over cell-phone. On July 14, 2015, the SC asked the law ministry to initiate the process of filing a departmental case against Mafizul Islam. On May 31 last year, Tawfiq Azim Mishu, the plaintiff in a case filed in 2012 over the murder of his uncle Liakat Ullah, lodged a complaint with Chief Justice Surendra Kumar Sinha, alleging that Mohammad Ehsan, an accused in the case, contacted judge Mafizul over his cell-phone 22 times between March 17 and April 15 last year, according to the probe report. According to sources, the SC consented to a government decision to file a departmental case against a former member of the Customs, Excise and VAT Appellate Tribunal (district judge), Begum Shirin Kobita Akter, who is currently the district and sessions judge of Chuadanga, for her alleged involvement in corruption while serving as the district judge. Shirin Kobita Akter allegedly took Tk 3.95 crore as bribe from three litigants for giving verdict in their favour in three VAT-related cases. The SC also consented to the government decision to file a departmental case against additional district and sessions judge of Dhaka-5, Md Juel Rana, for his alleged involvement in corruption. However, the law ministry is yet to inform the SC about the latest status of the two judges -- Shirin Kobita Akter and Juel Rana, sources added. Similarly, the SC had agreed to the law ministrys proposal to file a departmental case against Ataur Rahman, former Madaripur district judge. The apex court had sent a letter to the ministry on August 24, 2011. Other recommendations of the apex court to file departmental cases against some district judges, including Women and Children Repression tribunal judge Akhtarul Alam (Dinajpur district judge), and Ferdous Ahmed, Bhola district judge, are pending with the law ministry. Apart from these, some recommendations relating to 11 joint district judges are also lying pending. The joint district judges are Abul Hossain, Saifur Rahman Siddique, Begum Sheikh Razia Sultana, Maksudur Rahman, Mamun-or-Rashid, Mahbubur Rahman, Shamsuzzaman, Rifti Kumar Biswash, Nurul Alam Mohammad Nipu, Asrafuzzaman Jilani and Mohtaz Binte Hamid. The SCs recommendations to file departmental cases against 19 assistant and senior assistant judges are also pending with the law ministry. They include Mahbub Ali Muad, Abdul Matin, Jabed Imam, Subrata Kumar Mollik, Sharif Hossain, Abdullah Al Masum, Saiful Elahi, Ayesha Siddiqui, Mohammad Emdadullah, Begum Moshmmat Arifunnahar, Mohammad Abdullah, Akbar Ali Khan, Nuru Miah, Begum Mukta Parveen, Mohammad Hossain, Enamul Haque Basunia and Forid Alam. Meanwhile, three proposals of the law ministry are now lying pending with the Supreme Court for its approval. Two of the proposals were made for not taking departmental action against two judges Chittagong additional district judge Robiouzzaman and Sirajganj joint district judge Rozina Akhtar as the allegations brought against them were not proved. The other proposal is to file a departmental case against Sherpur additional district judge Mosleh Uddin. But the Supreme Court is yet to give any recommendations on the three proposals, law ministry sources said.