Manik violated constitution Says Speaker in his ruling; observes disparaging remarks of a judge cannot upset relations between state's 3 organs; asks MPs to drop motion for his removal; leaves the matter to CJ,Bangladesh

BANGLADESH NEWS

Speaker Abdul Hamid yesterday said High Court Judge AHM Shamsuddin Choudhury Manik had violated the constitution by making derogatory remarks about parliament and the Speaker.

He, however, urged the lawmakers to withdraw their proposal for adopting a resolution seeking Justice Manik's removal and let the matter end there.

“I doubt if a conscientious person can make remarks like the ones an honourable High Court judge [Justice Manik] has made about parliament and me by violating Article 78 (1) of the constitution,” Hamid said in a ruling in parliament.

Article 78 (1) of the constitution says the validity of the proceedings in parliament shall not be questioned in any court.

Putting the onus on the chief justice, the Speaker said, “We will support whatever steps the chief justice may take with regard to such behaviour by a court. Hopefully, that will prevent a recurrence of such incidents.”

He added, “…I want to humbly say that improper behaviour of a judge cannot hamper the existing good relations among the three organs of the state. Being representatives of 16 crore people, we cannot evaluate the entire judiciary on the basis of one judge's conduct.”

Ruling alliance lawmakers supported the Speaker's ruling by thumping their desks.

During a court hearing on June 5, Justice Manik observed that the Speaker had committed an offence tantamount to sedition by commenting in parliament on an HC order.

He said the Speaker was completely ignorant of the apex court and the constitution.

Hamid on May 29 told the House that courts were neutral and independent. However, it looked odd when they took quick decisions to resolve their own problems while people wait for years to get justice.

He made the remarks following Awami League lawmaker Shahriar Alam's statement on the HC order that the Supreme Court be handed over its land that was under the control of the Roads and Highways Department.

The Speaker had said at the time that if people were aggrieved at court verdicts, the day would come when they would stand against the courts. “Likewise, if the government becomes autocratic, people will resist it and there are numerous instances of it.”

Hours after Justice Manik's remarks, some senior lawmakers of the ruling alliance said in parliament that the judge had violated the constitution by making the remarks about the Speaker.

They proposed adopting a resolution requesting the president to form a Supreme Judicial Council to remove the judge.

In his ruling yesterday, the Speaker said he respected the lawmakers' sentiment and supported their proposal.

However, he added, that considering the overall circumstances he thought it would not be proper to take such a stern step.

He also noted it was no way a face-off between parliament and the judiciary. “It was some discourteous comments and personal attack on parliament by one honourable judge. Therefore, it won't be wise to bring the entire judiciary into it. Besides, we all should keep in mind that this country of ours is not Pakistan. It's Bangladesh.”

Hamid said, “We had expected that the honourable judge would understand the entire matter and take proper steps to withdraw the comments that went beyond limits. But he did not do so.”

He said he was elected Speaker unanimously by lawmakers of the ruling and opposition parties.

“Questioning my knowledge and qualifications would call into question the qualifications of all lawmakers. The learned judge should have thought carefully about it before making the comments. He made unpleasant remarks on many other issues but I don't feel it necessary to mention those here.”

The Speaker hoped that his ruling would put to rest the debate on the issue.