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Paying a Heavy Price

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Paying a Heavy Price Global Trends / Bangladesh/ Ex-Chief Justice Warrant There was a series of unprecedented events leading to tension between the executive and the judiciary. On Sept - ember 22, 2014, the parliament brought in the 16th amendment that deleted the provision regarding removal of judges through an influential committee of peers known as the Supreme Judicial Council. This process was intended to protect judges from political interfer - ence. On May 5, 2016, a special bench declared the amendment unconstitu - tional. Soon after the verdict, MPs blast - ed the judges and began displaying dis - respect for the judiciary. On an appeal by the State, a seven- member bench headed by Chief Justice Sinha on July 3, 2017, unanimously dis - missed the appeal upholding the High Court’s verdict. On September 13, 2017, the parliament passed a resolution call - ing for legal steps to nullify the verdict. Chief Justice Sinha was accused of mis - UNI conduct and corruption. While he was Anti-Corruption Commission (ACC). evolving state of governance. Justice Sinha’s verdict in 2017 on confined to his residence, lawyers and Judge KM Imrul Kayes of Dhaka’s His troubles began after he gave a judges were prevented from visiting Senior Special Judges’ Court took cogni - verdict in 2017 where the Supreme the 16th amendment to the him. Various ministers suggested he sance of the graft charges against him Court annulled the 16th amendment to constitution miffed Prime Minister leave the country on medical leave. Paying and 10 others. The other accused are the Constitution which empowered Pa - Sheikh Hasina, who accused him of Finally, he was compelled to do so on former senior officials of Farmers Bank, rliament to impeach SC judges for mis - “humiliating” the country. October 14, 2017. including its ex-managing director. conduct or incapacity. As it upheld the During his departure, he made bold The ACC also quizzed the Bank’s for - independence of the judiciary, it miffed ture, the Supreme Court issued a state - statements to the press saying he was a Heavy Price mer head of business Gazi Salauddin, Sheikh Hasina, who accused Justice ment saying other judges of the Court neither unwell nor had sought medical vice-president, Swapan Kumar Roy, for - Sinha of “humiliating” the country. He had decided not to sit on the bench with leave. Facing intimidation and threats to mer manager (operations), Lutful was accused of corruption and misuse of him over allegations of graft and moral his family from the Directorate General After the tussle between the executive and the judiciary led Haque, credit in-charge, Shafiuddin power, allegations that he denied. lapses brought to their notice by Presi - of the Forces Intelligence, he resigned to the resignation of the country’s first Hindu chief justice, Ahmed, and executive officer, Umme Justice Sinha has delivered many dent Abdul Hamid. The law minister on November 11, 2017. Soon after, Pre - Salma. The ACC has asked the Special important judgments, including one on subsequently announced a probe against sident Hamid announced that he faced he now faces arrest over charges of embezzlement Branch of the police to take steps to pre - the killing of Sheikh Mujibur Rahman, Justice Sinha. 11 charges, including money laundering By Prakash Bhandari in Dhaka vent them from leaving the country. the country’s founder, and the validity of and corruption. Justice Sinha served as the 21st chief the 5th, 7th, and 13th amendments to n November, Justice Sinha resigned, Justice Sinha was born in Moulvi former chief justice of justice of Bangladesh from January Bangladesh’s Constitution. three months before the completion Bazar district in northeast Bangladesh Bangladesh, Justice 2015 to November 2017. He earned the In the Mujibur Rahman case, the Iof his tenure, and he alleged that he where he grew up in a family of six sib - Surendra Kumar Sinha, wrath of the Sheikh Hasina government court sentenced 12 killers of the leader was forced to do so because he opposed lings—five brothers and a sister. His who had to quit in 2017 after his autobiography, A Broken Drea - to capital punishment. After his eleva - the country’s “undemocratic” and father was a dedicated teacher and under pressure from the m: Rule of Law, Human Rights, & tion, a five-member bench headed by “authoritarian” regime. He has been in scholar of the Hindu religion. He pur - Sheikh Hasina Wajed gov - Democracy , opened a Pandora’s Box and him in 2016 upheld the death sentence exile since. sued a law degree from Sylhet Law ernment, is facing arrest on charges of he was forced to resign following intimi - of a top Isla mist leader for war crimes In Dhaka’s legal circles, the move by College without his father’s consent. His CAUGHT IN A WRANGLE embezzlement. Justice Sinha was Bangl - dation and threat. during the 1971 independence struggle, the ACC is seen as retaliatory action by father believed that lawyers make a liv - Justice Surendra Aadesh’s first Hindu chief justice and Justice Sinha’s book describes the paving the way for his execution. the government over the book that ing by lying. From this backdrop, Sinha Kumar Sinha, lived in Australia since resigning. backdrop of his resignation and gives Later, in October 2017, Justice Sinha exposed its various illegal designs. It rose to become chief justice. former chief He has been charged with embez - insights into Bang l a desh’s numerous left Bangladesh for Australia, calling his chronicled the various events that led to Sinha drew a lot of criticism when he justice of Bangladesh zling 40 million taka in 2016 by the social and political issues, including its leave “temporary”. A day after his depar - his forced resignation. wrote in an opinion piece: 28 January 27, 2020 | INDIA LEGAL | January 27, 2020 29 Global Trends / Bangladesh/ Ex-Chief Justice Warrant IN THE EYE OF THE STORM to Forbes magazine. This award has em - Among the other 10 accused by the ACC b oldened her, and she became a source are former senior officials of Farmers Bank; of pride for her party stalwarts.” (right) the controversial autobiography It added that the book portrays the struggle of the judiciary to protect its “Parliamentary democracy is immature independence in contrast to the erosion and to attain its maturity, there is a of values in judicial service and political necessity of practicing parliamentary corruption. It said that Sinha’s critics democracy continuing for 4/5 terms!” accused him of treason, claiming that by He was referring to 154 unelected par - giving a verdict that directly challenged liamentary members and questioned the the locus standi of the government, he legitimacy of the government. Political attempted to topple the government by scientists believe that having an election hatching a conspiracy. “With the depar - under such a government could not be ture of Sinha, the Sup reme Court has fair. Whatever semblance of independ - been virtually turned into a department ence the judiciary had was eroded after under the Ministry of Law. Once an in - Justice Sinha’s exit. st itution is broken, it is difficult to bring Reviewing the book, the prestigious it back to its original position. Broken South Asia Journal wrote: “The present Dream is a must read for those that are government has neutralized all other interested in studying the emerging pat - organs of the state; military, police, civil darkness of authoritarianism for an tern of politics of Bang ladesh and how a servants and all administrations to the unforeseeable future. Ordinary Ban gl a - number of factors, both internal and lowest cadres at the local level. Election deshi citizens are just riders on a rud - external, are contri buting to its march Commission has been made into a tool derless vessel. With Chief Justice Sinha towards authoritarianism.” for implementation of the wishes of the out of the way, there is not a single indi - government. If the next election is not vidual that can stand up to the most in - Twitter: @indialegalmedia conducted in a fair and secure atmos - fl uential person in Bangladesh; the 35th Website: www.indialegallive.com phere, Bangladesh will be lost in the dominant female in the world acco rding Contact: [email protected] 30 January 27, 2020.
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