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Download PDF Eminent jurists yesterday said controversial High Court (HC) judge Faisal Mahmud Faizee should immediately stop all judicial activities, and that legal steps should be taken against him on charges of fraud.
They were reacting to Chittagong University Syndicate’s decision to cancel Faizee’s LLB certificate.
“If Chittagong University decides to cancel LLB certificate of Faizee, the chief justice should withdraw him from the court list and he should not sit in the court from tomorrow,” Vice Chairman of Bangladesh Bar Council Barrister Rokanuddin Mahmud said when contacted last night.
Stating that Faizee committed fraud with the Supreme Court, Bar Council and the government, Rokanuddin said, “He should be prosecuted.”
In an unprecedented move on April 25, 2005, the Bar Council cancelled enrolment certificate of Faizee for providing false information during enrolment and failing to disprove the allegation about his LLB exam result.
The council, statutory body of legal practitioners, had also decided to file a criminal case against Faizee for providing false information in the affidavit he submitted when he had applied for the council’s certificate to practise law as an advocate.
Rokanudin said, “Our decision has been vindicated and our case against Faizee has been consolidated.”
Hearing the news of cancellation of Faizee’s LLB certificate, eminent jurist Dr M Zahir told The Daily Star, “It is unheard of and I am puzzled.”
Former president of the Supreme Court Bar Association (SCBA) Mahbubey Alam said, “He (Faizee) should go immediately. If he doesn’t want to resign, the president should immediately form Supreme Judicial Council to remove him.”
It is possible to complete the process within two days, he said.
The jurist further said, “He (Faizee) is not a law graduate but he has taken oath by showing that he is a graduate. This is a gross misconduct.”
Mahbubey Alam recalled that during his tenure as SCBA president, he had requested Faizee not to sit on the bench. But the additional attorneys general and deputy attorneys general sympathetic to the BNP and Jamaat-e-Islami encouraged Faizee to take the post.
“Chittagong University Syndicate would not have taken this decision if the BNP were still in power.”
Mahbubey Alam said the then chief justice (CJ) Syed JR Mudassir Husain did not recommend Faizee’s confirmation as an HC judge. He heard that the then prime minister Khaleda Zia’s adviser Salauddin Quader Chowdhury pressured the government to confirm Faizee as an HC judge, he added.
When contacted, former SCBA secretary Enayetur Rahim said, “Chittagong University should file a case against Faizee, and the president should remove him.”
Faizee no longer has the right to act as a judge of the HC, and he should resign, said Enayetur Rahim.
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