SC dumps its own surprise order after courtroom chaos

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The Supreme Court (SC) in an unprecedented move yesterday recalled within three hours its verdict against collecting eight-point personal details of a parliamentary candidate amidst stubborn opposition from lawyers.
A four-member SC Bench headed by Chief Justice Syed JR Mudassir Husain gave the verdict, overruling a High Court judgement to allow candidates not to submit personal and wealth statements to the Election Commission (EC).

The SC had earlier fixed yesterday for its judgement on the appeal of one Abu Safa who had filed it to overturn the HC verdict given on May 24 in 2005.

Disposing of a writ petition filed by three lawyers, the HC had asked the EC to gather personal details like academic qualification, profession, source of income, criminal records and some other information about aspirants for contesting parliamentary polls and publish those to help voters choose their representatives properly.

Surprisingly, a single-member SC Vacation Bench comprising Justice Joynul Abedin on December 19 last year stayed the HC decision without hearing any submission from the three petitioners.

On July 3 in 2005, Abu Safa who hails from Swandip filed his appeal with the SC Chamber Judge’s Court.

At the Vacation Bench, Safa and his lawyers submitted that he (Safa) read up to class eight and he wants to participate in parliamentary election as a social worker. But he feared that if his educational qualification is published, he might face a kind of discrimination.

He however did not file nomination papers for the previously scheduled election.

Astounded by yesterday’s SC verdict, the writ petitioners’ counsel Dr Kamal Hossain stood up and said he will not leave the courtroom until he is allowed to argue in the case and the verdict is reconsidered. Looking highly emotional, he also said he will not leave the place even if he dies.

At one stage, all the four judges left the court but Dr Kamal and his fellow lawyers continued to stay there.

For the last few weeks, Dr Kamal was taking part in the SC hearing of Safa’s appeal arguing that he had submitted false information and obtained the leave to appeal through fraudulence.

Hearing about the lawyers’ instant protest against the SC verdict, Attorney General (AG) Fida M Kamal and President of the SC Bar Association Barrister Amir-ul-Islam rushed there and took an initiative to resolve the problem.

The AG met the chief justice (CJ) at his chamber. Then he suggested Dr Kamal to submit a prayer for recalling the verdict.

Later, Advocate Abdul Momen Chowdhury, one of the three writ petitioners, filed a petition praying to the SC to recall its verdict.

The four judges including the CJ returned to court and resumed their seats around 12:45 pm. Dr Kamal again stood up and made an emotional submission for four minutes.

“You (judges) are the guardian of this court and the constitution. I seek your guidance,” the eminent jurist said. He wants to uphold the constitution and the interest of the court that is one of the main pillars of the state, he added.

“I am not paid for this case. And I have no personal interest in it,” he continued. “Let me be killed before the constitution is undermined, the court and you (judges) are defrauded.”

He also said, “Let me be killed before destroying this institution (SC).”

At this time, the chief justice said, “unsigned order is recalled”.

The haring on the case will continue with the unsigned order recalled.

Dr Kamal then came out of the courtroom.

He told waiting newsmen that there were two parts of his submission to the court, and he could only make his preliminary submission on Monday. He was yet to make a lot of submission on key points and without giving him an opportunity to do so, the court should grant Safa’s appeal.

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