Dhaka: In an unprecedented move, Bangladesh’s Supreme Court on Tuesday summoned two senior ministers to appear in person and clarify their “contemptuous comments” criticising the chief justice.
Court officials said nine judges from the two benches of the court’s apex Appellate Division issued the suo-moto order for Food Minister Quamrul Islam and Liberation War Affairs Minister Mozammel Haque to appear on March 15.
The two ministers criticised Chief Justice Surendra Kumar Sinha over his remarks during the appeal hearing of a key 1971 war crimes convict.
“Their comments undermined the dignity and prestige of the Supreme Court and the chief justice’s office ... their unholy and contemptuous comments stunned the judges of the top court,” they quoted Sinha as saying while passing the order.
The court also asked the two ministers to submit in writing their explanations for their own comments a day ahead of their personal appearance in the dock.
The order came as lawyers and journalists gathered at the courtroom as the top court was set to deliver the judgement on the appeal hearing of Jamaat-e-Islami leader and media tycoon Mir Quasem Ali against his death sentence for committing crimes against humanity during the 1971 Liberation War.
But instead of following the cause list of the day, all the judges of the Supreme Court appeared in the courtroom and summoned the two senior ministers ahead of disposing the war crimes case upholding Ali’s death penalty originally handed down by a special tribunal 16 months ago.
Speaking at a discussion on March 5, Islam had called for a rehearing of Ali’s appeal prayers, in a process excluding the chief justice, as he earlier questioned the investigators’ efficiency in collecting evidence against Ali.
“Through a comment of the chief justice in a court, we have realised what verdict will be delivered in the case. We have realised that there is no scope for awarding the death penalty [to the convict],” the food minister had said.
He alleged that Sinha openly spoke in the language of Jamaat-e-Islami and their lobbyists by questioning the investigation quality.
Haque seconded Islam at the same function saying the chief justice should not be a part of the appeal hearing process against Ali.
The comments sparked an uproar in the political and judicial arenas.
Prime Minister Shaikh Hasina in a cabinet meeting on Monday snubbed the two ministers for “embarrassing” the government through their comments saying the government did not own their “private comments”.
“Some people tend to show a gesture that they are carrying ahead the (war crimes) trial process, which is not true,” Attorney General Mahbubey Alam told newsmen in a slanted reference to the two minister’s comments after the apex court order.
He, however, said the court’s detail observation on the investigation process and quality could be known once the detailed judgement of the apex court would be published.
Ali’s chief counsel Khondker Mahbub Hussain also criticised Islam and Haque, saying their comments were “attempts to interfere the trial process”.
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