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Attorney General Mohammad Ruhul Quddus Kajal has explained why the Appellate Division bench led by the Chief Justice left the courtroom during proceedings at the Supreme Court on Tuesday.
The bench left the courtroom after Supreme Court Bar Association President Mahbub Uddin Khokon made remarks concerning an order in a case.
Briefing reporters at his office later in the day, Kajal said Khokon had claimed that he had raised certain issues with the Chief Justice in the interests and welfare of lawyers. However, “no such discussion took place during the proceedings of today’s case,” he said.
The attorney general said there should be no lack of transparency in the judicial process and expressed confidence that the Chief Justice gives high priority to judicial integrity and discipline.
He said the Chief Justice takes allegations of fraud or any breach of judicial discipline seriously, while lawyers also have a major responsibility in maintaining the dignity of the judiciary.
Explaining the background of the case, Kajal said the dispute originated with the appointment of a Kazi in 2013. The plaintiff subsequently filed five writ petitions challenging the same order.
According to the attorney general, the High Court Division rules require a petitioner to disclose details of an earlier case if it was filed and rejected, and to establish a new cause of action when filing a subsequent petition.
He said the petitioner had filed five writ petitions but failed to mention the earlier rejected petition in the subsequent cases.
The Appellate Division on Tuesday fined a female lawyer Tk 5 lakh and also imposed a Tk 5 lakh fine on the petitioner. The court directed that the money be deposited with Dhaka Shishu Hospital.
Kajal said the cases had been filed by the female lawyer, who told him that Khokon had acted as the senior lawyer in all the cases.
He said the female lawyer was sitting beside him when the order was delivered in the morning, while Khokon was not present. According to Kajal, she repeatedly told him that Khokon had put her in a difficult position.
The attorney general said the order was passed around 9am, while Khokon raised the issue at around 12:35pm during another case.
Kajal said Khokon referred to the court’s decision to fine a lawyer. In response, the Chief Justice said the order had been passed after due consideration and would not be changed.
According to Kajal, the Chief Justice said the court had found that a serious fraud had been committed, including an attempt to mislead the court and disregard an earlier order of the Appellate Division.
Kajal said the Chief Justice then asked Khokon not to make such remarks. At that point, Khokon allegedly said, “Lawyers’ income has decreased since you became Chief Justice.”
The attorney general said the Chief Justice initially took the remark lightly and asked Khokon whether he meant what he had said. When Khokon attempted to reiterate the remark, the Chief Justice reportedly told him that it amounted to contempt of court.
The Chief Justice then said he would no longer participate in the court proceedings that day and left the bench, Kajal said.
The attorney general said lawyers practise their profession under the Supreme Court, with the Chief Justice serving as the head of the judiciary.
He said disagreements or misunderstandings may sometimes arise between lawyers and judges, and lawyers may occasionally be reprimanded by the court.
“However, the beauty of the system is that such incidents remain confined to the proceedings of the particular case and do not go beyond it,” he said.