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Download PDF Controversial High Court (HC) Judge Faisal Mahmud Faizee has been ‘de-listed’ from judicial duty amidst mounting call for his resignation after Chittagong University (CU) cancelled his LLB certificate.
Sources said the single-member bench of Faizee was found missing on yesterday’s cause list as Chief Justice Mohammad Ruhul Amin withdrew him from judicial work. However, it could not be confirmed officially.
Despite being at the epicentre of controversy, the judge himself appeared calm yesterday, saying he would take a few more days to consider resignation. “I did not get yet any papers stating cancellation of my certificate,” sources said quoting Faizee, who applied for two-week’s leave yesterday.
But Law adviser Mainul Hosein, who met with the chief justice at the Supreme Court last afternoon, told The Daily Star, “I think there is no question of Faizee remaining a judge. I also think Chittagong University has not done the right thing by cancelling his certificate after 10years.”
“Nevertheless, since he (Faizee) has become controversial he cannot remain a judge. I believe, the option for him is to resign, or legal measures will be taken against him according to the constitution,” the adviser said. “I believe, Faizee will resign.
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Sources said the government has already started discussing Faizee issue at different levels to find out a solution to the crisis following the CU syndicate’s unprecedented action against an HC judge.
The options so far discussed to resolve the crisis are resignation of Faizee or his removal through Supreme Judicial Council.
Faizee was appointed an HC judge from the lawyers’ quota in 2004. Sources mentioned that LLB certificate is the minimum requirement to be a lawyer.
It requires formation of Supreme Judicial Council to remove a judge of the Supreme Court or the HC. Since Faizee lacks the minimum requirement to be an HC judge from lawyer’s quota because he is not a lawyer, the president can remove him simply through an order, the sources pointed out.
After a day’s leave on Sunday, Faizee again submitted a leave application for two weeks to the office of chief justice in the morning, SC sources said.
Coming of his meeting with the chief justice, the law adviser earlier told The Daily Star that Faizee issue was among the ones they discussed at the meeting. “What will be a solution to this matter is in the process of discussion,” he said.
Meanwhile, the Supreme Court Bar Association (SCBA) yesterday decided to send a letter to the president requesting him to remove Faizee through Supreme Judicial Council.
SCBA Secretary M Aminuddin said the letter be sent by today.
In reply to a question on the SCBA request, Mainul said, ” I hope it will not require a Supreme Judicial Council to remove Faizee.”
Asked whether Faizee is ready to resign, he said, ” I cannot say anything specifically just now. The issue is under discussion.”
Sources said the law adviser on Sunday wanted to know through a messenger Faizee’s opinion following cancellation of his LLB certificate. He was informed that resignation was under his consideration.
They mentioned that no official papers regarding the CU decision reached Faizee until yesterday evening.
Faizee will decide his next course of action after going through the relevant papers and examining the extent of his ‘wrongdoing’ in this regard, a source close to him said.
Earlier in 2004, Faizee’s father sued two national Bengali dailies as they carried reports saying he (Faizee) had obtained LLB certificate tampering with the results.
When The Daily Star contacted the Chittagong house of Faizee’s father last night to know whether he would challenge legality of the CU decision, a family member said he is too ill and will not be able to talk.
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