Law, Justice and Parliamentary Affairs Minister Md Asaduzzaman on Wednesday told Parliament that the conduct of Supreme Court Bar Association President AM Mahbub Uddin Khokon, MP, that prompted Chief Justice Zubayer Rahman Chowdhury and other Appellate Division judges to leave the courtroom was not proper.
“The way the Honourable Chief Justice left the court yesterday (Tuesday) has certainly made us feel that the conduct demonstrated by the lawyer was not proper,” he said while responding to an issue raised by opposition Bangladesh Jamaat-e-Islami lawmaker Muhammad Nazibur Rahman (Pabna-1).
On Tuesday, the Chief Justice along with four other judges of the Appellate Division left the courtroom after Khokon commented about lawyers’ "declining" incomes during his tenure.
Nazibur Rahman raised the issue in the House, saying an “unfortunate” and “undesirable” incident took place in the Appellate Division of the Supreme Court on Tuesday involving the SCBA president and the Chief Justice.
He said the Chief Justice and all judges of the Appellate Division left the courtroom following the incident and did not return to court that day.
Nazibur said the government should clarify its position on the incident, stressing the importance of maintaining the independence of the judiciary.
“We talk about the independence of the judiciary. The judiciary is the last resort for people to get justice. We should think about what message such an incident is sending to the people,” he said.
Responding to the issue, Asaduzzaman said the question raised by the lawmaker certainly warranted discussion, but the theory of separation of powers did not apply to the incident in the manner suggested.
“The conduct was demonstrated by one of the lawyers, who happens to be the president of the Supreme Court Bar Association,” he said.
The minister said the SCBA is not a partner or part of any of the three organs of the state --- the judiciary, the legislative and the executive.
“It is an informal body. It is an association of members who practise in the Supreme Court of Bangladesh,” he said.
Asaduzzaman said the lawyer, as a member of the public, did not represent the judiciary, legislature or executive.
“That does not mean justifying that,” he said, making clear that he did not consider the lawyer’s conduct appropriate.
The minister said there had been concern after the Chief Justice left the courtroom on Tuesday, as it was initially thought that he might initiate contempt proceedings.
“But today (Wednesday), when the Honourable Chief Justice came at 9:00am, we thought he might issue a contempt rule. But after coming, he resumed his regular work,” he said.
Asaduzzaman also said he had learnt that the lawyer concerned appeared before the Chief Justice’s court on Wednesday and conducted his case normally.
He expressed the expectation that no such incident shall occur in the future and that everyone will act as responsible citizens.
Later, Khokon, who is also a ruling party MP, wanted to talk about the issue in the House, but Deputy Speaker Barrister Kayser Kamal did not allow him.