Former Supreme Court Bar Association (SCBA) president Khandker Mahbub Hossain on Monday demanded the Supreme Court rehear the case in which the 13th amendment to the constitution having provisions for an election-time caretaker government was declared illegal.
He made the demand while talking to reporters at his SCBA Bhaban office, as the apex court has taken an initiative to rehear 168 cases the verdicts of which former Chief Justice Md Muzammel Hossain and former Justice AHM Shamsuddin Choudhury could not write while in service.
Mahbub Hossain, also BNP chairperson’s adviser, said: “If this is the apex court’s decision (that verdicts written after retirement are not acceptable), the judgment declaring the caretaker government system illegal have to be reheard.”
He claimed that former Chief Justice ABM Khairul Haque signed the verdict annulling the caretaker government system void 16 months after his retirement.
Claiming that the judgment written by the former Chief Justice after his retirement is illegal, the pro-BNP lawyer expressed the hope that the incumbent Chief Justice would come up with his specific opinion in this regard.
He also hastened to comment that they think the writing judgment after the retirement is illegal as judges turn to be ordinary masses after their retirement. “So, this case should also be reheard.”
Responding to a question whether they will bring the issue to the notice of the court, the senior lawyer said they will take the decision in this regard later.
On April 28, Chief Justice SK Sinha asked for the rehearing of 168 cases the verdicts of which former Chief Justice Md Muzammel Hossain and former Justice AHM Shamsuddin Choudhury could not write while in service.
Of the cases, 161 cases had been pending with Shamsuddin Choudhury while seven with the ex-Chief Justice.
On May 11, 2011, the seven-member Appellate Division bench, headed by the then chief justice ABM Khairul Haque, declared void the 13th amendment to the constitution that had made provisions for an election-time caretaker government.
Source: Prothom Alo
