Three Ex-Chief Justices Among 7 Sued In Bangladesh

A lawsuit has been filed against former Chief Justices Syed Mahmud Hossain, Hasan Foez Siddique, and Obaidul Hasan, along with four other judges, for contempt of court.

On Wednesday, August 28, Supreme Court lawyer Yunus Ali Akand filed the case in the relevant branch of the High Court.

The lawsuit alleges that the defendants acted beyond their legal authority and unconstitutionally violated the Contempt of Court Act, 1926, by punishing Md. Yunus Ali Akand without giving him a chance to be heard. Initially, on September 27, 2020, the Supreme Court suspended his practice and issued a contempt rule without a hearing. Then, on September 12, 2020, he was fined and suspended from practice for three months.

Advocate Yunus Ali stated that under Section 7 of the Contempt of Court Act, 1926, if an advocate's professional misconduct is proven, the Bar Council can suspend their practice through a tribunal, but not by appeal.

He further explained that under Articles 104 and 108 of the Constitution, direct appeals to the Appellate Division are not allowed. Appeals against High Court contempt decisions go to the Appellate Division as per Article 103(2)(g). Article 104 allows the Appellate Division to make necessary orders for fair justice in ongoing appeals, but not in direct cases. The judges in question allegedly violated their oaths by issuing an interim order that barred his practice without a hearing, which they argue breaches Article 11 of the Constitution concerning human rights and limits the right to appeal against such punishment.

The other four judges named in the lawsuit are former Appellate Division Justices Md. Iman Ali, Mirza Hossain Haider, Abu Bakar Siddiki, and Md. Nuruzzaman Noni.