Law Minister Md Asaduzzaman today described the conduct of Supreme Court Bar Association President Barrister AM Mahbub Uddin Khokon in the courtroom as “improper.”
“We expect that such incidents will not be repeated in the future,” the minister told the House while responding to Jamaat MP Nazibur Rahman, who had termed the episode “unfortunate.”
Chief Justice Zubayer Rahman Chowdhury and four other judges of the Appellate Division left the bench on Tuesday after Khokon remarked that lawyers’ incomes had declined since the chief justice’s appointment.
Jamaat MP Muhammad Nazibur Rahman, taking the floor on a point of order, said an incident of misunderstanding occurred between Khokon, also an MP and the chief justice, following which the chief justice and all the judges of the Appellate Division left the courtroom and did not return yesterday (Tuesday).
Later, Mahbub Uddin Khokon issued a statement and held a press conference.
“When the incident first took place in the morning, I was present in court. A lawyer repeatedly concealed the truth while filing writ petitions, and as a penalty, a fine was imposed. That is what triggered this incident,” said Nazibur, also a lawyer.
Barrister Mahbub Uddin Khokon is not only a lawyer; he is the president of the Supreme Court Bar Association. At the same time, he is a respected member of parliament, and a prominent member of the ruling party, he added.
“Such an undesirable incident raises concerns. We speak of judicial independence. The judiciary is the last refuge for people seeking justice. What message does such an incident send to the public? We must reflect on this,” said the Jamaat MP.
“In the past, we witnessed a tragic episode when, during a fascist regime, a chief justice was forced to resign at gunpoint”.
“We must examine whether this incident sends a similar message,” he said.
Nazibur also said everyone must act responsibly. Especially since our state has three main organs -- the judiciary, the legislature, and the executive. None of them is sovereign in isolation. Together, they embody the sovereign power of the people.
“We must exercise that power as entrusted to us, without one organ trying to dominate another. That is the principle we must uphold,” he added.
Law Minister Md Azaduzzaman, in response, said the question Nazibur has raised certainly deserves discussion. Because what he mentioned -- the theory of separation of powers -- does not apply here.
The conduct demonstrated by one of the lawyers, who happens to be the president of the Supreme Court Bar Association, is at issue. The SCBA is not part of any of the three organs of the state. It is an informal body, an association of members practising in the Supreme Court of Bangladesh. Therefore, they represent the people, not the judiciary, legislature, or executive.
“That does not mean I am justifying the action,” the law minister said.
Those who practice in the Supreme Court often experience tensions between the bar and the bench. Sometimes it feels like we are fighting with fellow lawyers, sometimes with the bench. “But once we leave the courtroom, we stand united again”, said the law minister, who is also a lawyer.
“Yesterday, when the honourable chief justice left the court, it was clear to us that the lawyer’s conduct was improper. But today, at 9:00am, the chief justice resumed proceedings as usual. We thought he might issue a contempt rule, but instead, he continued his work.
“And we have heard that the same lawyer [Khokon] also appeared before the chief justice’s court today and conducted cases normally.”
“We expect that such incidents will not occur in the future,” the law minister added.
Later, Mahbub Uddin Khokon took the floor and started to talk about yesterday’s incident, but Deputy Speaker Kayser Kamal did not allow his full speech, saying the law minister had already made a statement and the house had listened to it.
