Many practicing lawyers of the apex court have expressed their dismay and concern over what they called ‘professional misconduct’ reportedly made by senior lawyer Dr Kamal Hossain against Attorney General Mahbubey Alam. During Wednesday’s hearing in a case at the court of the Chief Justice, Dr Kamal Hossain called the attorney general a ‘bastard’ and asked him to shut up and take his seat after Mahbubey Alam objected to a diction used by the veteran lawyer.
A numbers of lawyers, preferring anonymity, told The Independent that Dr Kamal has committed professional misconduct by making derogatory remark against the chief law officer of the state. Many were astonished and said they cannot imagine how a senior lawyer like Dr Kamal made such an unacceptable remark, which is grossly considered professional misconduct under the Bar Council Rules framed by no other than Dr Kamal himself during his tenure in 1972.
Senior lawyer and former Law Minister Barrister Shafique Ahmed told The Independent that such type of statement do not come under the purview of professional conduct. “The professional conduct does not allow this statement. Everyone should pay respect to the court and we should be more careful while making comment in the court,” Sahfique Ahmed said.
Former Supreme Court Bar Association (SCBA) Secretary SM Rezaul Karim said Dr Kamal has committed professional misconduct by making derogatory comment against attorney general during the court proceeding. “This statement is a professional misconduct, which is unwanted and condemnable. Such type of statements during the court proceedings is also tantamount to the contempt of court,” the former SCBA secretary said.
Human Rights and Peace for Bangladesh (HRPB) President Advocate Manzill Murshid said there is no scope to make any defamatory statement during the court proceedings.
“But, recently we have noticed that the lawyers are making attacking statements before the court against the opposite-side lawyers, which is very unfortunate,” he said.
Bangladesh Bar Council should take steps against deviating lawyers so that none can make such type of statements before the court and discipline in the court can be maintained, he added.
Barrister Turin Afroze said, “Usually, we follow senior lawyers like Dr Kamal to build our career. But, there is nothing to take lesson from what he said on Wednesday, which was made against the chief law officer of the state. It would remain as a bad example in our career,” she added.
Earlier on Wednesday, during the hearing on an appeal relating to the appointment of BSMMU doctors at a 5-member Appellate Division bench headed by Chief Justice SK Sinha, Dr Kamal told the court that there were syndicated appointments during that time (BNP-Jamaat-e-Islami government). But now they are taking a stand against it. These are intellectual prostitution, he said. Attorney General Mahbubey Alam, representing the state, then objected to the choice of diction.
Dr Kamal then retorted saying: “Shut up! Bastard! You take your seat.” Apparently disturbed by such reaction, the attorney general replied, “You cannot utter this word.”
Chief Justice Surendra Kumar Sinha then intervened and said that as a senior lawyer, Dr Kamal should not have used such language.
But the attorney general said that the chief justice has rather flattered Dr Kamal as the issue of a senior lawyer swearing at the attorney general was not taken into notice appropriately. “What would become of a senior lawyer swearing at me?” Mahbubey Alam said. The court then went into a break and Dr Kamal later apologised to Mahbubey Alam when the hearing resumed later in the day. Barrister M Amir-Ul Islam and Kamrul Haque Siddique also took part in the argument for the doctors. They were assisted by advocates Sharif Bhuiyan and Tamim Hussain Shawon. Attorney General Mahbubey Alam and Barrister Tanzibul-ul-Alam made the case for the BSMMU which questioned the legality of appointments of 138 doctors who were recruited in 2005-6. The court also set May 21 to pronounce its judgment on the appeal.
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Editor : M. Shamsur Rahman
Published by the Editor on behalf of Independent Publications Limited at Media Printers, 446/H, Tejgaon I/A, Dhaka-1215.
Editorial, News & Commercial Offices : Beximco Media Complex, 149-150 Tejgaon I/A, Dhaka-1208, Bangladesh. GPO Box No. 934, Dhaka-1000.
Editor : M. Shamsur Rahman
Published by the Editor on behalf of Independent Publications Limited at Media Printers, 446/H, Tejgaon I/A, Dhaka-1215.
Editorial, News & Commercial Offices : Beximco Media Complex, 149-150 Tejgaon I/A, Dhaka-1208, Bangladesh. GPO Box No. 934, Dhaka-1000.