Chief justice retires with controversy at heels

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With a number of controversies surrounding him, Chief Justice Syed JR Mudassir Husain retired yesterday without receiving a traditional farewell from the Supreme Court Bar Association (SCBA).

A group of pro-BNP and pro-Jamaat-e-Islami lawyers, government law officers including the attorney general, and the High Court (HC) and Supreme Court (SC) judges, however, accorded a farewell to Mudassir.

Five HC judges did not attend the farewell function held at the Chief Justice’s Courtroom yesterday morning.

This was for the second time that the SCBA refrained from according farewell to a retiring chief justice. Earlier in 1989, the highest ranking association of the country’s lawyers refrained from giving farewell to the then chief justice AFM Munim.

SCBA President barrister Amir-Ul Islam said, “When we discussed among ourselves the issue of giving [Mudassir Husain] the farewell, senior lawyers said they did not find any reason to laud him at the farewell function. So, why give him a farewell?”

Barrister Amir rather levelled charges against the outgoing chief justice, saying, “In the last five years, the chief justice did not even attempt to stop the [alliance government's] bid to politicise the judiciary. Instead, he did whatever the government had asked him to do.”

Citing different instances of controversial actions, Amir said, “The Supreme Court has given the country important guidelines whenever the country faced a crisis. When there was such a crisis in the country and people resorted to the court for guidelines during Mudassir’s tenure, he posed as a hurdle against justice.”

Amir alleged that there are several instances where the chief justice dissolved certain benches that had given verdicts on sensitive cases and even curtailed the powers of some benches that dealt with similar sensitive cases.

“He did not let the judges work independently. He also hampered the judges’ rights in conducting judicial works–this is a violation of the constitution,” said Amir-Ul Islam, one of the most senior and eminent lawyers of the country.

He welcomed new Chief Justice Mohammad Ruhul Amin, saying, “We hope we will be able to start our journey towards the light from the darkness.”

On his last day, Mudassir Husain heard submissions of a case filed by the government challenging the recent HC verdict that declared the detentions of two politicians and two NGO activists illegal.

In his last verdict, Mudassir stayed the HC decision, which apparently angered former law minister and BNP leader Moudud Ahmed, counsel of one of the four detainees. Moudud did not attend Mudassir’s farewell.

Mudassir in his farewell speech said, “I have noticed dissatisfaction among you [lawyers] about some issues. I do not think all of my judicial decisions or those of my colleagues will be appreciated equally. On the eve of my retirement, I would like to request you to refrain from expressing your grievances in a language that could give way for others to make sarcastic remarks about the judiciary.”

Bashing the media, Mudassir said he has had bitter experience while performing his duties as the chief justice. “The news media are publishing news on some matters on the basis of incomplete information or by merely guessing,” he said.

He recommended creating a post for public relations officer at the court to end the problem of miscommunication.

Pro-BNP lawyers’ association Jatiyatabadi Ainjibi Forum President TH Khan, Attorney General Fida M Kamal and others addressed the function.

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