ACC Investigation Against Ex-judge
‘SC Letter’ tarnishes top court’s image: HC
Published : Wednesday, 15 November, 2017 at 12:00 AM Count : 203
The High Court on Tuesday observed in its verdict that the letter, claiming to have sent on behalf of the Supreme Court suggesting the Anti-Corruption Commission not to continue probe against former justice Joynul Abedin tarnishes the image of the top court. The letter cannot be the view of the Supreme Court rather it is an administrative act of the apex court, it said.
The High Court bench of Justice M Enayetur Rahim and Justice Shahidul Karim on October 9, on its own motion issued a rule seeking explanations as to why the letter objecting to ACC's probe should not be held illegal. The court disposed of the rule on Tuesday giving seven observations.
"The letter has seriously tarnished the image and dignity of the highest court of the country in the estimation of the public at large," the bench observed.
On March 2 this year, the anti-graft body accused the judge of money laundering and sent a letter to the Supreme Court seeking related documents. Following the ACC letter, the SC letter signed by Arunava Chakraborty, the then Additional Registrar of the Appellate Division, on behalf of the Supreme Court during the tenure of Chief Justice SK Sinha on March 28 stated the continuation of the probe against Justice Joynul would not be right. Due to the letter, Justice Sinha drew severe flak from the ruling Awami League. Justice Joynul retired as the judge of the Appellate Division in 2009.
It also observed that a judge of the Supreme Court is not immune from prosecution while only the President can enjoy such immunity, ACC lawyer Khurshid Alam Khan told The Daily Observer. The court, however, expressed its dissatisfaction against the ACC, as the watchdog failed to complete its investigation in the last seven years.
"Concerned investigation agency should be extra-ordinarily careful while conducting inquiry or investigating into a retired judge of the Supreme Court. Investigators should keep in mind about the dignity and prestige of the judiciary. Moreover, the scale of justice and peoples' confidence is reposed in it so that no one is subjected to unnecessary harassment and humiliation with any ulterior motive," the High Court observes.