HC verdict on SC admin’s letter to anti-graft body Tuesday

HC verdict on SC admin’s letter to anti-graft body Tuesday

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Dhaka – The High Court will deliver its verdict today (Tuesday) over the legality of the Supreme Court administration’s letter to the Anti-Corruption Commission asking it to halt an investigation into a graft allegation against Appellate Division judge Md Joynul Abedin.After concluding the hearing on a rule issued by it earlier, the HC bench comprising Justice M Enayetur Rahim and Justice Shahidul Karim yesterday fixed the date for delivering the verdict.
During the hearing, the HC heard expert opinions from three amici curiae (friends of the court) — advocates Zainul Abedin, Prabir Neogi and AM Aminuddin.
The Anti-Corruption Commission (ACC) had on March 2 sent a letter to the SC’s registrar general’s office, asking for documents regarding the service, salaries and relevant benefits received by Justice Joynul for conducting an enquiry into his wealth. Justice Joynul went on retirement on December 31, 2009.
Arunava Chakraborty, the then additional registrar of the Appellate Division of the Supreme Court, sent a letter to the ACC on March 28 asking it to halt a full-scale investigation into the graft allegation against the judge.
But, SC lawyer Badiuzzaman Tafader placed a copy of the letter before the HC bench for necessary order.
Later, the HC bench had on October 9 issued the rule asking the then SC registrar general, the then additional registrar, Justice Joynul and the ACC chairman to explain as to why the letter should not be declared illegal.
On July 18, 2010, the ACC issued a notice to former Justice Joynal Abedin over a probe into the allegation against him.
The commission launched the investigation into the allegation against Justice Joynal after Awami League assumed power through the polls held during the tenure of last caretaker regime led by Dr Fakhruddin Ahmed.
The judge awarded death sentence to many offenders in murder cases. Following his orders, many condemned prisoners were hanged. If the ACC takes any step against an apex-court judge, all the verdicts and decisions passed by him will be put on a question, says the SC.
It will not be appropriate on the part of the anti-graft watchdog to initiate any proceedings against Justice Joynal, the SC letter opines.
Quoting Article 111 of the Constitution, the SC letter says all the authorities concerned are bound to comply with the orders of the apex court. – Staff Reporter

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