Justice AHM Shamsuddin Choudhury of the Appellate Division of the Supreme Court has sent a letter to the President seeking impeachment of Chief Justice SK Sinha for what he said violating the Constitution, breach of oath and misconduct.
However, the letter did not reach Bangabhaban, said sources at the president’s House.
In this letter written on Sunday, Justice AHM Shamsuddin Choudhury said, “I humbly request you (President) that my last working day as a judge of the Appellate Division of the Supreme Court is September 17.”
He further said, “As my last working day gets close, I requested Chief Justice SK Sinha for directing the authorities concerned to take necessary steps regarding my pension allowances. In reply to my request, a letter signed by registrar general of the Supreme Court was sent to me on August 25 mentioning that they don’t allow my pension until the entire pending verdicts are written, which clearly a discriminatory and vindictive attitude of the Chief Justice.”
He also wrote that he sent another letter to the Chief Justice on September 1 where he informed him that he has no legal authority to issue the order as all the retired judges had written their verdicts after going on retirement.
“On September 2, the Chief Justice sent a letter directing me to return the files of pending judgments to the office concerned which will not be possible for me to deliver during my tenure,” Justice Shamsuddin said in the letter.
He said he asked the Chief Justice in reply on September 8 that the judges who went on retirement had not been asked to submit their files in the past.
On September 8, he said, the Appellate Division published a list of judges where his name was not included.
He also observed that the Chief Justice manifested misconduct through this behaviour, he said it is impeachable.
The article 107 (3) of the constitution stipulates that the Chief Justice could not form a bench by depriving any judge, Justice Shamsuddin said.
From the attitude of the Chief Justice, it appears that he is unable to carry out judicial activities as he may do things out of emotion, he said.
Terming the attitude of the Chief Justice contrary to the Constitution, breach of oath and serious misconduct, he urged the President to initiate impeachment procedures against him. “I humbly request you (President) to consider my letter.”- UNB