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Friday, October 13th, 2006
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The Supreme Court Bar Association (SCBA) yesterday appealed to Justice KM Hasan to voluntarily reject the post of chief adviser of the caretaker government in the interests of national stability, constitution and the very institution of interim government.

“If Justice Hasan rejects the post with a judge-like attitude, he will be remembered as a chief justice with honour more than that he might earn by heading the next caretaker government,” said Barrister Amir-Ul Islam, president of SCBA, at a press conference at its auditorium.

The earlier he takes the decision, the bigger the chance for the country and its democracy to get out of the ongoing crisis fast, he said adding that it is a matter of paramount importance as only a free and fair election can ensure democracy and continuation of the constitution.

“From this perspective, what alternative Justice KM Hasan does have other than rejecting the post. There has already been an intense debate over the issue,” he observed.

Reading out a statement, Bar president of the country’s top court said the BNP-Jamaat alliance had made Justice Hasan controversial by providing special privileges. Then the former top judge himself had exposed his partisan character by visiting Comilla along with BNP leaders, he noted.

Justice Mahmudul Amin Chowdhury had put forward a proposal for extending the retirement age of the Supreme Court judges. But after sitting on the proposal for a long time, the government had upped the age limit by two years instead of the proposed three years to have as the immediate last retired chief justice, Amir-Ul alleged.

He said Justice Hasan had once been the international affairs secretary of the BNP. He was one of the four lawyers that the party had sent abroad as ambassadors to compensate for not nominating them as candidates in a parliamentary election.

The thirteenth amendment to the constitution was on presumption that a retired chief justice will naturally be neutral, but the BNP government had ignored the spirit of good practice and started appointing judges on political considerations, he said.

Asked what if Justice Hasan does not take into account the SCBA appeal, Amir-Ul said, “We are hopeful he will listen to our plea, as this will be the attitude of a judge.”

He added, “We won’t put any pressure on him. But we believe if he does not pay heed to our appeal, the spirit of having a neutral chief of the caretaker government will be undermined.”

The SCBA may also consider meeting Hasan for making the request in person, he added.

In a separate press release yesterday, the SCBA appealed to Chief Justice Syed JR Mudassir Husain to ask Judge Faisal Mahmud Faizee not to attend the lawyers’ traditional courtesy call on the chief justice on October 15.

Faizee had been given permanent appointment without settling the dispute regarding his LLB certificate and age.

Among others, SCBA Vice-President Abdul Mannan Khan, Acting Secretary Motahar Hossain Shaju, former president Mahbubey Alam, and former secretary Enayetur Rahim attended the press conference.


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