CJ wants two articles of constitution scrapped
STAFF REPORTER
Chief Justice Surendra Kumar Sinha has urged the government to abolish Articles 116 and 116(A) of the Constitution, as the judiciary faces problems to establish the rule of law because of these articles. Article 116 empowers the President to control and discipline subordinate courts in consultation with the Supreme Court, while Article 116A says that lower court judges shall be independent in the exercise of their function, subject to provisions of the Constitution. These articles are contrary to the basic structure of the Constitution, which was framed under the leadership of Bangabandhu Sheikh Mujibur Rahman in 1972, the Chief Justice (CJ) made the observation while addressing as chief guest a function to celebrate veteran Supreme Court lawyer Abdul Baset Majumders 50 years in the legal profession. The function was held at the Supreme Court Bar Association (SCBA) premises yesterday. Majumder is also the Bangladesh Bar Council vice-president.
The CJ said despite irregularities committed by lower court judges, the SC is unable to take steps against the judges because of the two Articles. He also said that the countrys apex court had scrapped amendments to the Constitution that went against the basic principles of the Constitution. Of the three organs of the state, the executive and the legislature have been derailed many times over the past 45 years of independent Bangladesh, the CJ said. But the judiciary, particularly the Supreme Court, did not budge an inch since independence. Rather, it has been working to protect the Constitution, rule of law and the environment, the CJ noted. The Supreme Court did not fear anyone in delivering verdicts to establish the rule of law and ensure justice, he added. The CJ said Parliament could not amend the Constitution and enact a law that changes the basic structure of the statute.
Terming the legal profession as a noble one, he said: It is not possible for the Chief Justice or judges alone to establish rule of law, if the lawyers do not make their due contribution. He urged young lawyers to develop their professional qualities without giving priority to earning money.
The CJ also sought help from the government, as well as lawyers, to digitalise the judiciary completely. Judges of the Appellate Division and High Court Division of the Supreme Court, lawyers from across the country and law officers of the SC were present on the occasion. Presided over by the Supreme Court Bar Association president, Muhammad Yunuf Hussain Humayun, the meeting was addressed, among others, by agriculture minister Matia Chowdhury, attorney general Mahbubey Alam, former chief justice JR Modassir, former SCBA president Khandker Mahbub Hossain and Joynul Abedin, and former leaders of the associations. In his address, Abdul Baset Majumder said his father had encouraged him to become a lawyer. After being inspired by his father, he became a lawyer and completed 50 years of practice. In the beginning, I had to fight for several years to make a place for myself. However, I got support from many lawyers who maintained professional ethics, Majumder said. He urged lawyers to do their work sincerely by maintaining ethics and honesty. Later, he donated Tk. 10 lakh to form a trust for the betterment of Supreme Court lawyers. Majumder is well known for his contribution to bar associations. Lawyers refer to him as a friend of the poor because he fights cases of poor people taking a nominal fee. All the speakers congratulated him for completing 50 years (golden jubilee) in the profession.
