Professional Documents
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We set up a stage in front of the administrative building and sat in there to push for our demands. A faction of the Chhatra League, loyal to the vice-chancellor, attacked us and damaged the PA system about 10:30am, he said. They splashed battery acid on the teachers and students who were on the stage. They also beat up the teachers and students, who ran for shelter. But 15 of them, including six teachers, were injured in the attack, he added. Soon after the attack, the teachers and students began a fast-unto-death at the main entrance to the campus demanding an immediate removal of the vice-chancellor. They shouted slogans against the vice-chancellor and demanded arrest of the attackers. The district unit Chhatra League president, Dhanajit Ghosh Taposh brushed aside the allegations against activists of his organisation being involved in the attack. He said that the Chhatra League was not responsible for the attack as there is no unit of the organisation in the university. The university treasurer, Mozzammel Hoque, said, It is very unfortunate that the teachers became to be attacked and that too with acid. The Kotwali police officer-in-charge (investigation), Abdul Latif Miah, said that the situation was under control and no case was filed till evening. He said that police deployment was reinforced in and around the campus.
Not surprisingly, the attorney general disagreed with the ministrys view, and said the findings are not true. He also sought to blame some enthusiastic officers of the solicitors office who had influenced the ministry to misinterpret the activities of government law officers as they, according to him, are always under pressure because of the growing workload of his office. His conclusion and criticism appears rather tenuous, not least because different quarters at different times in different forums have levelled allegations of misconduct against government pleaders. Pertinently still, over the years, recruitment of state attorneys and public prosecutors has increasingly come to be dictated by partisan considerations, with professional competence and experience, and personal honesty and integrity of the aspiring candidates ignored more often than not. The incumbent political administration of the Awami League-led alliance, despite its mantra of change, has not appeared willing to break away from the pernicious practice of the past, and allegedly recruited state attorneys at the Supreme Court and public prosecutors at the subordinate courts mostly on the basis of the candidates loyalty to, proven or perceived, if not affiliation with, the ruling party and its front organisations. Moreover, as mentioned above, the political incumbents until recently largely ignored the allegations of misconduct levelled against the government lawyers. It is thus fair to conclude that they may very well have turned a blind eye this time around, too, had the complaint not come from one of their own. Be that as it may, it is indeed encouraging that they have finally chosen to take corrective actions but they need to realise that it would be anything but counterproductive to try to blame it all on individual lawyers or even the attorney generals office. Of course, the attorney generals response to the ministrys order appears to be an effort to cover up for the failure of his office to ensure compliance of the rules concerned and the errant government lawyers, and he needs to be taken to task for what essentially is defiance. However, ultimately, it is the failure of the political incumbents since it is them that chose to give precedence to partisan loyalty and affiliation over emphasis on merit and integrity when recruiting government lawyers. Although late in the daythe incumbents are almost into their fifth year in officethey need to at least try to rid the system of partisan recruitment process and restore primacy of professional competence and experience, and personal honesty and integrity.
The teachers under the banner of conscious teachers society raised the demand at a human chain they organised on Parish Road on the university campus in the 11:00am. On December 16, Boalia police arrested Shah Hossain Ahmed Mehedi, who teaches zoology at the university, on charge of snatching a police gun and attacking law enforcers during clashes between the police and Jamaat-Shibir men in the city on November 6. He was sent to jail on December 17. The teachers alleged that though Mehedi had no involvement in the incident of attack on law enforcers, the police arrested him as part of the ruling partys oppression on opposition leaders and activists. They urged the university authorities to take immediate steps to secure the release of Mehedi. Otherwise, they threatened to go for tougher agitation, including boycott of classes for an indefinite period. The universitys pro-BNP and Jamaat-backed teachers platform white panel convener Professor Azhar Ali, Nationalist Teachers Forum president Professor Afrauzzaman, former Islamic University VC Rafiqul Islam, former RU VC Mamnunul Keramat, Abdul Hai Talukdar, Abul Hashem, Anamul Haque, Muhammad Nazrul Islam and Abdul Hannan also spoke among others.
Azhar said VC Abdus Sobhan turned the university into a political organisation by appointing teachers supporting the ruling AL to the key posts such as proctor, provosts, students advisers and directors of different institutes. To make his chosen appointments the VC forced to leave those who were already holding the posts, the White panel convener added. He also said the appointments violated the University Grants Commission order that came in 2011, asking the RU authorities not to recruit any more teachers or other staff until further order. The over-staffing has caused the university Tk 50 crore deficit in budget in last four years since Abdus Sobhan took office in 2009, Azhar Ali said. The White panel teachers also castigated the incumbent VC for his failure to take action against those responsible for the death of four students allegedly in the hands of Bangladesh Chhatra League men during his tenure. Having called Abdus Sobhan an unelected, immoral, corrupt and dishonest vice -chancellor, they said he does not have the right to hold such a position demanding high moral standard. Having also demanded judicial investigation into the alleged irregularities of the present university administration, the White panel teachers asked for an immediate senate session to select a VC panel to make a new appointment to the institutions topmost office. They threatened tougher movement if their demands remained unheeded. The conference was attended, along others, by RU unit Nationalist Teachers Forum president Afrauzzaman, Islamic University former VC Rafiqul Islam RU former VC Mamunul Keramot, Open University former VC M Abdur Razzak, science faculty former dean Abul Hashem, Shahedur Rahman Chowdhury, arts faculty dean Abdul Hai Talukdar and RU former proctor Anamul Haque.
around afternoon on July 19. The reception, that began around 11:30am and continued till 2:10pm, had a turnover of around 400 people, with an estimated 150 teachers and doctors of Swadhinata Chikitshak Parishad (SCP), student members of Bangladesh Chhatra League of BSMMU unit and staff of that university. The programme, organised by the teachers association led by pro-Awami League (AL) doctors of the university, was held within the official working hour of the medical university. At the programme, all that the participants had to do was to be a witness to the self-aggrandizement of the ruling partys successes in the countrys health sector. The speakers of the programme strongly stood for the development initiatives taken by the present government and criticised the previous ruler, Bangladesh Nationalist Party (BNP) as, according to them, BNP destroyed the countrys overall health services and the sector by recruiting unskilled professionals. Among the guest speakers, health minister AFM Ruhal Haque and his deputy, retired captain Muzibur Rahman Fakir, reiterated several times about the importance of Awami League for the betterment of the countrys health sector and demanded support from the doctors community to work for the party so that the AL can again assume power in the upcoming national parliamentary elections. However, very few of the speakers emphasised on the duties of a medical-based professional, who is bound to obey and serve the nation without being biased in any way. Some of the participants observed that, as the programme was mainly for the newly recruited teachers, speakers should portray the duties that they have to pursue rather than to direct them to serve one political partys interests. An assistant professor of BSMMU, who was in that programme, says to Xtra under condition of anonymity, I had to stay there as I am a worker of SCP. But it would be better for me if I was in my department and met with my students and patients. Medical personnel allege that at numerous times the pro-political doctors bodies forced doctors or related professionals to abstain from their duties and would direct them to march with political aspects. Dr Rashid-E-Mahbub, a former president of the Bangladesh Medical Association (BMA) says that, major political parties, who have come to power ever since the toppling of the autocratic Ershad regime, try to control some professional groups as it was proved then that these groups can embarrass any ruling government if they stand against it. However, some senior doctors opine that usually, intern doctors or even the senior doctors have to march or lobby with the ruling party related groups for some privileges. Since the 90s, leaders belonging to the Doctors Association of Bangladesh (DAB), a pro -BNP doctors body, or
SCP, have allegedly influenced the governmental recruitment and posting process whenever their main political parties came to power. If the MBBS doctors want to study abroad for a higher degree, they have to show at least three years experience in medical practice at any recognised medical college hospital. However, their applications receive importance if they get it from the worldwide recognised ones. Presently, the countrys two or three medical colleges fulfil the international criteria. So the interns have to lobby with the political affiliated doctors group for getting post into the few ones, s ays Dr Faiezul Hakim, convener of the Jonoswashtho Songram Parishad (Peoples Health Move ment Association). However, the promotion of the governmental doctors ranking has to be decided by the health directorate and the directorate picks skilled ones through the examinations conducted through the Public Service Commission (PSC). But many physicians allege that the authorities are influenced by the political bodies and if anyone does not get involved with the political body which is part of the ruling government, disappointment awaits them. One physician, who is presently working in a non governmental health programme donated by the UNDP, expresses dismay about the evaluation process for government doctors within the PSC examination. She says with anonymity to Xtra that she appeared the promotional exams of PSC twice but could not get through viva voce, even though her marks of the written exams were satisfactory. At one moment she was told that her result would be positive if she joined a doctors body and lobby for her promotion. However, that suggestion embarrassed her and she finally resigned from the government job. Doctors working in government hospitals are often transferred, fired or deployed on special duty on political considerations. It has been alleged by some doctors that at times specialist physicians on a specific subject have been transferred to a hospital where no department or infrastructures, related to their field of expertise, were established. However, they have to stay idle in their duty time as they do not get any authoritative assistance by which they can get to start their subject related department. There are instances of many specialised doctors who were demoted despite lengthy experiences due to their political identities or some times those who maintained neutral position also had experienced bad evaluation. Targeting the opposition There has been a common culture practised in most of the government offices that after a national election, one group of professionals under patronisation of the winning party, storms on their rival colleagues and forces them to quit their positions. This has been the case in the public medical universities and hospitals also ever since 1990 when the Ershad regime was toppled.
The trend continued in 2009, after AL resumed power and its affiliated doctors body SCP tried to take control of all the health institutions, hospitals, medical colleges and the lone medical university BSMMU. It was reported that the doctors belonging to DAB, were forced, transferred or fired during that period. According to a DAB source, more than 1,000 supporters of the DAB had been transferred randomly to many remote places since 2009 and these changes were not being carried out on the basis of merits and skills. The top posts of the Directorate General of Health Services (DGHS) and many departmental heads of the medical college hospitals were replaced by the pro-AL doctors and teachers. A former departmental head of oncology of BSMMU, preferring anonymity, says that 47 teachers were fired during 2009-10 from BSMMU as they were labelled with the pro-BNP organisation. Among them, 11 professors were the countrys most popular physicians. The sacked doctors later challenged the BSMMU authority through a legal notice. The High Court in 2010 evaluated their removal as illegal and directed the BSMMU authority to reappoint the doctors. However, the High Court order is now stayed according to a writ petition filed by the BSMMU. One BSMMU source informs Xtra that 147 doctors, some of them professors of different disciplines, have been fired from the university since the present government took power. Another DAB source informs that about 15 doctors of the Institute of Child and Mother Health (ICMH) and 12 doctors of the Dhaka Shishu Hospital were transferred on political consideration. The source also informs that five doctors of the Suhrawardi Medical College Hospital, seven of the National Institute of Traumatology and Orthopaedic Rehabilitation (NITOR), 10 of the Cancer Hospital, 12 of the National Institute of Cardiovascular Diseases (NICVD), six of the Chest Hospital and 10 of the Kidney Institute have been transferred for being DAB members or supporters. SCP made similar allegations against DAB after BNP had come to power in 2001. There are records of harassment-posting. Many doctors have been posted as OSDs and there is no job for them. Defying public service rules, husbands and wives doing medical services are often posted in different places. One DAB supporter, who is currently working at the Dhaka Medical College Hospital, shares his experience, No ordinary doctor or teachers name has been mentioned in the list of the departmental promotion committee. Only supporters or members of the SCP are promoted.
He adds that the SCP supporters also get better locations for transfer and opportunities for professional training, while the others are ignored. The DMCH doctor regrets about 13,000 recruitments for the community clinics. He says, They are all recommended by the SCP and the ruling AL. He points out that the move occurred following the health advisor to the prime minister Dr Modasser Alis comments on September 20, 2010. Ali had announced at a public meeting that all the posts created for the community clinics would be filled up by the candidates who hold the partys (AL) backing. The health minister, on July 19, at the BSMMU, informed that the government will soon make the jobs of those doctors permanent who joined governmental health sector under ad hoc basis earlier in 2010. He said, We will make the jobs permanent after consulting with the BMA and SCP leaders, if needed. In such ways, DAB organisers allege that the SCP leaders are pocketing huge amounts of money by giving privileges to the job and post aspirants. And the health m inister is responsible for these corruption as he still owns the SCP president post, opines the pro-BNP doctor of DMCH. When asked, the SCP secretary general, Dr Iqbal Arslan defends these allegations, saying that the SCP members always support the development of professional doctors and work to improve medical education to ensure healthcare services for patients. So the SCP leaders have not influenced the recruitment process and not recommended any names in the past three years for transfers, terminations, promotions or demotions, he says. He, however, says that the allegations against SCP and AL brought by the DAB leaders were prevalent during the tenure of the BNP-Jamaat ruling. SCP in 2006, when Awami League was the opposition in the national parliament, demanded removal of all politically considered physicians recruited or promoted during the tenure of the four-party alliance government, including the director general and directors of health directorate, divisional directors, civil surgeons and upazila health and family planning officers. SCP leaders alleged that the physicians belonging to DAB and pro-Jamaat ones were involved in corruption regarding admission to different medical colleges and institutions for graduation and post-graduate studies in medicine. The SCP also demanded restructuring administration of many health institutions as they termed these as corrupted and politically biased. Dr Iqbal recalls, A huge numbers of physicians were recruited and promoted during that period ignoring competence and seniority. The then-authority, directed by the DAB leaders, transferred and made OSDs to harass the doctors who supported Awami League, Iqbal says.
However, the SCP leader points toward the acute corruption of the BNP-Jamaat led health body. He says The secretary general of the DAB was sentenced for corruption cases. On June 3, 2007 when the military-backed interim government initiated drives against the suspected corrupt influential, Anti- Corruption Commission (ACC) lodged a case against Dr AZM Zahid Hossain, secretary general of DAB for hiding information worth over Tk 2.12 crore. On May 25, 2008, a Dhaka court sentenced Zahid to 13 years imprisonment for the case filed. The court also sentenced Zahids wife Rifat Hossain to three years imprisonment. However, Dr Zahid was granted bail from the High Court in 2009. Are the groups essential? I swear by Apollo, the Physician and Asclepius and Hygieia and Panaceia and all the Gods, and Goddesses, making them my witnesses..... I will come for the benefit of the sick, remaining free of all intentional injustice, of all mischief..... these are the verses of the Hippocratic Oath that is memorised by the physicians all over the world, before their advancement of professional life. This oath is expected to be instilled into the minds of doctors always, in order to build the ethics or moralities of the physicians. However, the ethics or moralities are somehow demoralised by a portion of physicians, by their acts of negligence, corruption and malpractice. In Bangladesh, some sections of influential doctors involved with these political groups are tarnishing the social image of physicians, colouring black the physicians professionalism which was regarded a holy job since the beginning of civilisation. Some leaders of doctors associations tell Xtra that the core jobs for physicians are to serve the patients, remedy their pain and shower them with hopes of a better life. Influencing the process of governmental job transfer, recruitment and the biding process of tender for establishment works are not the duty of a physician, says Dr Rashid-E-Mahbub. This job is completely unique from the others as it is related with peoples life, so the physicians should involve themselves utterly with the profession, he says. He, however, blames all the illegal systems of governance that has resulted into the opportunistic and ambitious mentality of the professionals. According to many experienced physicians, young doctors are lobbying with political professional organisations to yield shortcut achievements. Dr Syed Muhammad Akram Hussain, a former publicity secretary of BMA, points out that now most doctors can get several advantages by participating in lobby-based political activities. For checking transfer to rural areas or fixing favourable location for posting, the doctors, involved with political groups, are
really wasting their potential and time, he laments. They do not even have any strong ideology of their political party, he says. There are allegations that the political groups are not even benefited in the long run as most of their doctor members change their political identity with the power shift in national politics.
The ACC source said the ACC team obtained some important information from Mosharraf and another accused Kazi Mohammad Ferdous, superintending engineer of Bangladesh Bridge Authority. Mosharraf and Ferdous were placed on seven days' remand after they were arrested on December 27 in connection with the Padma bridge corruption case. The two officials have been kept in police custody -- Mosharraf at Dhanmondi Police Station and Ferdous at Shahbagh Police Station. Wishing anonymity, an ACC official said, "We are now interrogating them separately. We also seized documents relating to the project from Bangladesh Bridge Authority office." They will later face an ACC team and have to verify the information they gave to the commission, said the official. The ACC found that Mosharraf did not act, despite learning that Nahid Alam, a consultant of Bangladesh Bridge Authority, was named a consultant of Canadian company SNC Lavalin in its bid proposal. Nahid worked as a BBA consultant while the process of evaluating the consulting firm for the project was going on. The official, however, did not say whether any step will be taken against Nahid. The WB cancelled its $1.2 billion funding on June 29 this year, saying it had proof of a "corruption conspiracy" involving Bangladeshi officials, executives of a Canadian firm and some individuals. The global lender on September 21 decided to revive the loan after the Bangladesh government agreed to the WB's terms and conditions.
"Since politicisation is happening everywhere, at this stage, a neutral and competent caretaker government could make a difference. But unfortunately, the caretaker government system was abolished even long before the full text of the Supreme Court verdict was released," he added. He made the remarks while speaking on the rule of law of Bangladesh and youth empowerment, at a programme participated by around 300 youths from different parts of Bangladesh. The programme titled Bangladesh Youth Parliament 2012 held at the city's Bangabandhu International Conference Centre in the capital was jointly organised by National Youth Forum Bangladesh and International Migrant Foundation. Addressing the programme, Dr Akbar Ali Khan, former adviser to a caretaker government, said, The law and administration of the country face continuous challenges due to political influences. Now time comes to change the country's administration system that we inherited from the British regime." "In the past, people enjoyed respect from political parties on the eve of election. But conspiracy is going on to take away that respect as well. Then how can the rule of law be established in Bangladesh?" he added.
However, Mizanur Rahman said, Not even capital punishmen t will put an end to their negligence unless there is a limit to the private practice by doctors. On why the government hospitals are poorly maintained, he said doctors made more profit when fewer people went to government hospitals. Victims of wrong diagnosis who filed cases against doctors placed their demands at the meeting, presided over by Law Commission Chairman Prof Dr M Shah Alam.
Prof Afrauzzaman, Prof Azhar Uddin, Prof Rafiqul Islam, Prof Mamunul Keramot, M Abdur Razzak, Abul Hashem, Abdul Hai Talukdar and Anamul Haque addressed the programme.
Since the 1950s, journalists' contributions to the country are enormous. If everybody works in a united front for the welfare of the country, it is possible to establish a corruption free country, he added. Sultana Kamal, chairperson of TIB Trustee Board, said if there is no love and sincerity for the journalism profession, then it is not possible to be a good journalist.
The mass media, especially the print media, plays a vital role in informing the public of governance-related concerns such as the government's and the opposition's political performance and internal governance, electoral process issues and public corruption. The electronic media provides a space for debate and expression of views of political actors that are not available within mainstream political institutions. The media is largely characterised, however, by the predominance of superficial political news that reflect and reinforce the nation's existing bi-polar political culture, as opposed to issue, policy and implementation based investigative and analytical journalism that brings the causes and consequences of governance failures to light. The media in Bangladesh has journeyed far. Having undergone repressive regimes and a recent boom, it is in a unique position to carve out a niche for itself as the leading institution that forces redress of governance failures by bringing them to the public gaze and demanding action. Driven over the past 20 years by the entry of new outlets into the market, the media has begun to play this role by its ever-increasing coverage of governance issues and corruption. It has had an impact on governance in that it has raised public awareness regarding these issues, and has also created a space for their debate and proliferation. The media has been handicapped by its partisan nature, its pervasive internal governance, regulation, capacity and ownership issues as well as by the lack of a permissive legal framework that implements the media's right to information. Despite this, the progressive trend in the media has been commendable and encouraging, opening the way for greater governance impacts. Several studies show that the failure of the media to adequately address governance failures can be attributed to an interrelated set of factors. Firstly, the lack of a right to information law that obliges the government and its functionaries to reveal information to the public, including the media, creates an environment that is neither transparent nor accountable, and counterconducive to the reporting of governance related issues. Secondly, the media's limited professional capacity and resources severely constrains the industry's ability to professionalise, attract talented young entrants, maintain high ethical standards, undertake in-depth investigative reporting and innovate. The poor remuneration structures and pervasive nature of corruption within society sometimes lead to media involvement in political and business dealings and the abuse of professional integrity. Thirdly, the media's credibility is undermined by the lack of effective internal regulation and the partisan politicisation of their professional associations. Finally, the media itself suffers from a governance crisis in that the majority of media outlet owners are members of the political and
corporate elite who have vested interests in using the media as a political and business tool and in not bringing governance failures, especially instances of corruption, to light. If the media does not operate in an independent and accountable manner, with quality programming, high internal capacity and wide reach within the population, it cannot be a strong positive influence on governance. The media, with its own governance issues regarding operation and ownership, and its embroilment in an overall culture of partisanship and corruption, undermines its institutional credibility, which sometimes leads to media cynicism on the part of the public or media capture by political-corporate forces. A positive correlation between media and governance can be created only if the media itself functions independently, provides news and information of a high quality and is able to reach large sections of the population. If the media is free from undue pressure from the state or commercial interests, and can function under a liberal framework, it is more likely to tackle governance issues successfully. In order to provide useful information to the public, the media needs to have access to information, and also the capacity to utilise it. Lastly, the media must be able to reach a large percentage of the population in order to educate them regarding governance failures, and to motivate them to demand change. This reach is not possible without technological capacity or within a restrictive environment. A free media is fundamental to democratic good governance. Whether, how and to what extent media contributes to better governance and improves the lives of poor people varies immensely from society to society. The extent to which media in any given society is free, plural, professional and able to facilitate public discussion is dependent on economic, political and other contextual factors. Many studies have highlighted the importance of the media, but noted that its role is often poorly researched and understood. The writer is an MSS student, Dept. of Public Administration, University of Dhaka.
Judges AHM Shamsuddin Chowdhury Manik and Gobinda Chandra Tagore also vacated their earlier order that banned the lawyers from practising. The lawyers, including detained BNP lawmaker Syeda Asifa Ashrafi Papia, offered unconditional apology to the judges after they were brought from Dhaka Central Jail and produced before the court. Earlier in the day, a Dhaka magistrate's court sent 10 of them to jail after they surrendered to the court seeking bail in two criminal cases filed on charges of assaulting police and obstructing them from duties on the Supreme Court premises on August 2 and 4. Even though the lawyers have been pardoned for their misconduct in the court and exonerated from the contempt charges, they will still stay in jail until they obtain bail in the police assault charges. The pardon came after Chief Justice Md Muzammel Hossain got involved in peace initiative made by senior lawyers aligned with both the ruling Awami League and opposition BNP and its ally Jamaat-e-Islami. The decision of offering apology by the opposition lawyers was taken at a meeting between Attorney General Mahbubey Alam and Supreme Court Bar Association President Khandker Mahbub Hossain on August 11 after the chief justice advised them to reach a compromise over the issue. At lest seven senior lawyers including the SCBA president and the attorney general also prayed to the court to pardon the lawyers considering their young age and the good relationship between the judges and lawyers. The move is expected to ease the tension that has gripped the lawyers in the High Court since Aug 2, when the same HC bench witnessed chaos in the courtroom after the judges cautioned BNP Chairperson Khaleda Zia for her recent remarks against the constitution following the 15th amendment. The opposition-backed lawyers burst into protests after the judges said Khaleda's remarks that the constitution will be thrown away if her party comes to power is tantamount to sedition. A small missile was hurled at the judges during the pandemonium. The 13 lawyers, who were banned by the HC, are Syeda Asifa Ashrafi Papia, Gazi Kamrul Islam Sajal, Shahiduzzaman, Mirza Al Mahmud, Sharif Uddin Ahmed, Abdullah Al Mahmud, Enamul Hossain Gaffar, MU Ahmed, Mohammad Ali, MdAshrafuzzaman Khan, Towhidul Islam, Golam Nobi and Rezwan Ahmed.
Among them, MU Ahmed was not produced before the HC as he suffered a heart attack in police custody. Also yesterday the aggrieved lawyers brought out a procession at the courthouse in old Dhaka and chanted slogans after the magistrate's court rejected bail prayers.
Such remarks are tantamount to treason and are unpatriotic; no patriotic person can make such remarks, the Court observed, adding that criticism of constitution and throwing it away were not the same. "If she makes any such derogatory comments in the future, this Court, being a constitutional court and the guardian of the constitution, must take appropriate action," the court admonished. Although, the writ petitioner did not include the leader of the opposition as an accused, the court has suo motu power to take cognisance if the offenses are similar in nature. In fact, by including the BNP chairperson in the observation, the honourable judges have reaffirmed that all citizens are equal in the eyes of law. The reaction of the president of the Supreme Court Bar Association (SCBA) vis- -vis the HC observation is one to ponder about. In a press briefing following the HC bench order, the SCBA president urged the judges to retract the observation on Khaleda's statement. He said: "Justice Shamsuddin passed the observation with a political motive and he has to take all responsibilities if any dire situation arises out of this observation." The following day, after the same bench banned 13 lawyers from entering any court in the country until further order for "showing disrespect to the HC judges," he went on further and said: "If the judge wants to do politics, he should resign and join politics full-time." On the contrary, views of the public about this particular HC bench, especially on a number of its rulings pertaining to public safety and interest, have been lauded by many members of the public so much so that they hardly subscribe to the accusations lodged by the SCBA chief. Even a columnist in DS (August 4), in the conclusion of his laudations, eulogised the judges by affirming: "It is my earnest belief that men like you have the conviction and the mental makeup capable of giving our judiciary and the system of justice the dignity and respect it deserves. May God bless both of you." Does the intimidation of the HC judges by the SCBA chief fall within the purview of his mandated responsibility of the apex organisation of legal professionals? On July 4, in a meeting of the Jatiyatabadi Ainjibi Forum, he made the prophetic observation that the government might collapse at any time amid mass upsurge. In his words, "the country is passing through such a situation that a mass upsurge might take place at any time to topple the government." On the following day he urged Prime Minister Sheikh Hasina to step down voluntarily. "Don't carry out excesses anymore, step down willingly, otherwise, face dire consequences for clinging on to power," he declared while speaking at a meeting of pro-BNP lawyers. Do these statements sound like they were made by the chief of a body of legal professionals, whose "purpose and objective" contains some nine clauses, all of which but one relate to wellbeing of its members? The lone exception pertains to public interest "to provide scope for discussions of all matter of legal interest as also of great public importance."
Does this narrow mandate empower him to profess from the blue that the "toppling of the government is imminent?" As a lawyer, let alone as the chief of the body of legal professionals, does he have the mandate to ask for the resignation of a duly, freely and popularly elected prime minister, having all but 30 seats in the legislature, midway through her mandated tenure; and, as a "Nidhi Ram Sarder" threatens her of "dire consequence" if she does not comply with his demand? So, is SCBA a political party? The writer is Convener, Canadian Committee for Human Rights and Democracy in Bangladesh.
Yususf Hossain Humayun, Abdul Matin Khasru MP, Nurul Islam Sujan MP, and Munusrul Hoque Chowdhury, among others, spoke at the conference.
All the 13 lawyers are aligned with the main opposition BNP and its key ally Jamaat-e-Islami. Among them are also BNP lawmaker Syeda Asifa Ashrafi Papia who had allegedly hurled a plastic object at the judges during the protests, a charge she denies. The bench also told the Supreme Court registrar to communicate the order to all lower courts and bar associations immediately. The ruling came from Justice AHM Shamsuddin Chowdhury Manik and Justice Gobinda Chandra Tagore who witnessed pandemonium on Tuesday after they cautioned BNP Chairperson Khaleda Zia for her recent remarks on the constitution. The opposition-backed lawyers scuffled with the pro-government lawyers after the judges questioned Khaleda's patriotism and observed that her statement on the constitution is tantamount to sedition. In their order yesterday, the judges said the 13 lawyers showed "disrespect to the HC judges." The ruling came after Deputy Attorney General ABM Altaf Hossain placed some newspaper reports on the pandemonium before the HC bench asking for actions. The judges also consulted with some senior lawyers before passing the order. The HC bench also asked Bangladesh Bar Council to explain by August 14 why the 13 lawyers should not be blamed for committing contempt of court for their "disrespectful conduct with this court." The court also asked these lawyers to explain why a directive should not be given to the Bar Council to cancel their enrolment certificates on charge of committing professional misconduct. The 13 lawyers are Syeda Asifa Ashrafi Papia, Gazi Kamrul Islam Sajal, Shahiduzzaman, Mirza Al Mahmud, Sharif Uddin Ahmed, Abdullah Al Mahmud, Enamul Hossain Gaffar, MU Ahmed, Mohammad Ali, Md Ashrafuzzaman Khan, Towhidul Islam, Golam Nobi and Rezwan Ahmed. Earlier, police sued 14 lawyers (including the 13) and about 40 other people on charges of assaulting law enforcers and preventing them from doing their duties at the HC during the chaos yesterday. An HC bench of Justice Nozrul Islam Chowdhury and Justice Anwarul Haque is scheduled to hear bail petitions from the 13 lawyers today. The bench also asked Deputy Attorney General Mohammad Ullah Kislu, to take steps so that the bail-seeking lawyers are not arrested or harassed till hearing. Rezwan Ahmed, the 14th lawyer accused by police, did not pray for bail.
The 13 accused lawyers, who filed the petition, yesterday appeared before the HC bench headed by Justice Nozrul Islam Chowdhury for anticipatory bail in the case filed with Shahbagh Police Station. Earlier yesterday, the HC bench led by Justice Shamsuddin heard statements from some eminent lawyers on the issue of showing disrespect to the HC judges. The lawyers, who placed statements, included Yusuf Hossain Humayun, former law minister Abdul Matin Khasru, MP, former Supreme Court Bar Association (SCBA) president AFM Mesbahuddin, former SCBA secretaries AM Amin Uddin and Nurul Islam Sujan, MP, and Additional Attorney General MK Rahman. The lawyers told the court that the HC should take appropriate action against the accused lawyers. The lawyers also said such incident of showing disrespect to the HC judges should not be tolerated. Meanwhile, another group of senior lawyers both from the ruling Awami League and the opposition BNP-Jamaat yesterday made a peace move. They met Chief Justice Md Muzammel Hossain and sought his intervention. The chief justice asked the lawyers to sit across the table and settle the dispute peacefully to protect the image and dignity of the apex court, sources close to the move said. The lawyers who met the chief justice included M Amir-Ul Islam, Attorney General Mahbubey Alam, Rokanuddin Mahmud, Yusuf Hossain Humayun, Abdul Baset Majumder and SM Rezaul Karim from the Awami League camp. SCBA President Khandker Mahbub Hossain, Moudud Ahmed, Rafiqul Islam Miah, Abdur Razzaq, Nitai Roy Chowdhury, Mahbubuddin Khokon and Bodruddoza Badal were among the pro-BNPJamaat lawyers.