A recently retired High Court judge has taken over as counsel for war crimes convict Mir Quasem Ali even as he is currently on post-retirement leave.
Attorney General Mahbubey Alam has termed the conduct of the ex-judge “highly unethical”.
Judge Nazrul Islam Chowdhury went on retirement from the High Court Division of the Supreme Court on Dec 12 last year.
He represented the Jamaat-e-Islami leader on Wednesday during the hearing of an appeal filed by Mir Quasem against the death verdict awarded to him by an International Crimes Tribunal.
Attorney General Alam drew the attention of the court to the conduct of Justice Nazrul Islam.
“Being on post-retirement leave, Justice Nazrul Islam Chowdhury is getting all the benefits of a High Court judge. He is getting government accommodation, a vehicle, and bodyguards,” he pointed out.
He urged the court to consider whether Nazrul Islam could represent a person as a lawyer while enjoying the benefits of a judge.
In response, Chief Justice SK Sinha said, “I hope current as well as retired judges will abide by the rules and laws.”
Apart from Mir Quasem’s defence lawyer SM Shajahan, Justice Nazrul Islam also presented arguments at the hearing.
Later, the attorney general told journalists that it “will be highly unethical on the part of a retired judge to represent a person at court under the given circumstances.”
“He should not attend this case,” Alam said.
As per Section 99’s Article 2A (1) of the Constitution, a judge of the High Court Division can practice as a lawyer in the Appellate Division after retirement.
As such, though there is no legal bar to Justice Islam donning the role of a lawyer, the attorney general thinks it is a “breach of ethics” as he is on post-retirement leave.
But Justice Nazrul Islam said he is taking government facilities because there is a legal provision for that.
After serving for so many years, a judge can use government accommodation and a vehicle for a year after retirement, he pointed out.
Source: Bd news24
