B'desh first Hindu CJ accused of graft after he leaves country

(Updating with Supreme Court's statement)By Anisur RahmanDhaka, Oct 14 (PTI) Bangladesh's first Hindu ChiefJustice S K Sinha was today accused o...

(Updating with Supreme Court's statement)By Anisur RahmanDhaka, Oct 14 (PTI) Bangladesh's first Hindu ChiefJustice S K Sinha was today accused of graft and moneylaundering after he left the country amid reports that thegovernment was upset with him over his decision to scrapparliament's authority in impeaching Supreme Court judges.

In an unusual move, the country's Supreme Court (SC) saidthe apex court judges earlier this month decided not to sit inthe bench of Sinha over allegations of graft and moral lapsesbrought to their notice by President Abdul Hamid.

The Supreme Court issued a statement as Sinha overnightleft for Australia saying he was "embarrassed" over thecontroversy surrounding his July ruling. He also denied claimsby the government that he was sick.

"This written statement (of Sinha) is misleading," readsthe Supreme Court statement signed by its Registrar GeneralSyed Aminul Islam.

It said President Hamid on September 30 invited all thefive apex court judges to Bangabhaban presidential palacebarring the chief justice and held a long discussion.

"The honourable president handed over to them theevidences of 11 specific allegations against Chief JusticeSurendra Kumar Sinha," it said, adding that it included somegrave charges like money laundering, financial irregularities,corruption and moral lapses.

In unitary Bangladesh, the Supreme Court has two wings,the High Court Division and the apex Appellate Division andall the five apex court judges held a meeting the next day anddecided to discuss the issue with Sinha.

"They (judges) decided if he (Sinha) fails to give anysatisfactory explanation or reply to the allegations it willnot be possible on their part to sit with him in the bench todeliver justice," the statement said.

The five judges, it said, then met the chief justice athis official residence on the same day and raised the matterseeking his explanation.

"But despite long discussion the five judges of AppellateDivision didn't get any acceptable explanation or reply fromhim and so all of them clearly conveyed to him that until thedisposal of those charges it will not be possible for them toshare the bench with him to deliver justice," it said.

Sinha told them that "he will resign" but he would letthem know about his final decision on October 2.

"(But) on October 2, 2017, without informing anything tothose aforesaid judges, he filed an application to thehonourable president seeking one month leave and the presidentsubsequently approved it," the statement said.

Ahead of his departure for Australia on a private tour,Sinha said, "I am the guardian of the judiciary. In theinterest of the judiciary, I am leaving temporarily so thatits image does not get hurt. I will return."Sinha said he "firmly" believed that his stance over arecent verdict was misinterpreted to the government, upsettingPrime Minister Sheikh Hasina but he expected her to realisethe facts soon.

He also outright rejected an earlier claim by the lawminister and attorney general about his sickness.

"I am not sick, I am well...I am not fleeing either,"Sibha told reporters before leaving for the airport.

After the brief comments he released a written statement.

The government's row with the judiciary sparked in Julythis year when the apex court delivered a verdict declaringvoid 16th constitutional amendment, scrapping parliamentÂ’sauthority over impeaching Supreme Court judges.

The verdict was hailed by lawyers as a crucial steptowards a secular judiciary in the Muslim-majority nation.

The dispute grew in the subsequent weeks as severalsenior government leaders virtually attacked Sinha over hiscomments blasting the government for its reaction and referredto Pakistan's instance where former prime minister NawazSharif was stripped of his premiership under an apex courtruling.

Prime Minister Hasina accused him of defaming parliamentand president and "humiliating" Bangladesh by referring toPakistan's instance premier's removal saying "he (chiefjustice) should have quit (and) the most humiliating thing isthe comparison with Pakistan which is intolerable”.

Main Opposition outside parliament Bangladesh NationalistParty of ex-premier Khaleda Zia has supported Sinha, sayingthe government was trying to control the higher judiciary bylaunching a campaign against the apex court judgement.

Hours ahead of his departure, BNP Secretary General MirzaFakhrul Islam Alamgir said that the government forced Sinha togo abroad to "establish its full control over the judiciary".

"It's now clear to the entire nation that the governmenthas taken all the steps to send the chief justice abroad byforce," he said.

Sinha, BangladeshÂ’s first Hindu chief justice whosetenure expires in January 2018, in his written statement saidhe was a "bit worried about the independence of thejudiciary".

He complained that the judge who became the acting chiefjustice to perform the "routine" job in his absence wasencouraged by the government to bring changes to the SupremeCourt administration soon.

"If any interference is made in the chief justice'sadministration, it can be easily assumed that the governmentis interfering in the higher court and this will furtherdeteriorate the relationship between the judiciary and thegovernment. It would not bring any good to the state," hesaid. PTI AR UZM AKJNSA.

This is unedited, unformatted feed from the Press Trust of India wire.

Related Stories

No stories found.
The New Indian Express
www.newindianexpress.com