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Resignation won’t save Faizee


Posted on Sunday, July 15th, 2007 at 1:56 am
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The Supreme Court (SC) registrar will send the resignation letter of controversial judge Faisal Mahmud Faizee to the president’s office today after discussion at the Supreme Judicial Council on future steps following Faizee’s resignation.

Legal experts said Faizee’s resignation does not absolve him of his past crimes and he should be tried accordingly.

Faizee resigned on Wednesday night, 72 hours before he was scheduled to stand before the Supreme Judicial Council for keeping reportedly 180 cases pending during his controversial tenure as a High Court (HC) judge.

Sources said the council may still investigate Faizee’s past crimes.

The Anti-Corruption Commission is also likely to discuss Faizee’s fraudulent act at its regular meeting today.

On March 27 this year, the president asked the Supreme Judicial Council to take a decision on Faizee.

The council was in the primary stages of investigating the allegation of keeping around 180 cases pending when Faizee filed a writ petition against the Chittagong University syndicate’s charge that his LLB degree was false.

A meeting of the CU Syndicate on March 3 cancelled the certificates of around 2,000 LLB and other examinees, including Faizee, on charge of tampering with tabulation sheets. The CU authority published a gazette notification in this regard on March 11.

Faizee filed the writ petition on March 19 challenging the gazette notification.

Following the petition, the HC stayed the enforcement of the gazette.

A source close to Faizee, meanwhile, said the controversial judge denied having 180 cases pending.

According to Faizee’s claim, during his two years as an HC judge, he spent six months on vacation and was unable to sit on cases because of the media spotlight on his controversial appointment.

He said it was impossible for him to have conducted so many cases within such a short period.

Faizee took charge as an additional judge on August 23, 2004 and was made a permanent HC judge from August 2006.

Supreme Court Bar Association President Amir-Ul Islam told the press, “It should have happened a long time ago, because the position of a judge is simply not a ‘job’, it is a constitutional post.”

He said, “One can only remain a judge with the trust of the people. So, even if he [Faizee] resigns now, he cannot evade the responsibility of his crimes.”

Former Attorney General Barrister Rafique-ul Haq said, “Faizee should have resigned a long time ago. The image of the higher judiciary has already been tarnished because of him. But I thank him for finally coming to his senses.”

Veteran constitution expert M Zahir said, “As a judge Faizee had insulted the position. Now after his resignation, all darkness surrounding the Supreme Court has cleared.”

Senior lawyer ABM Nurul Islam said, “All verdicts made by Faizee should be reconsidered and criminal cases should be filed against him.”

Our correspondent at Chittagong University (CU) reports: The CU authority is waiting for the verdict on the writ petition filed by Faizee to take the next course of action.

“If the verdict is in favour of the university syndicate, we will proceed for immediate implementation of the decisions taken in the March 3 syndicate meeting,” CU Vice-Chancellor Prof M Badiul Alam said.

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