A four-member bench of the Appellate Division, led by Chief Justice M Mozammel Hossain, passed the order.
Emerging out of the court, Additional Attorney General MK Rahman told the newsmen that the SC rejected Mollah’s petitions citing the example of a judgment given by ex-Chief Justice of USA Robert J Callahan.
He said the court took the decision as it is improper to restrain judges from performing judicial activities through recusal petition.
“However, the Appellate Division said the onus has been given to the concerned judges as to whether they will take part in the judicial activities or not,” said the additional AG.
In the petitions filed on April 3, convicted Jamaat leader Abdul Quader Mollah alleged that Justice SK Sinha’s name came up in the alleged skype conversation of former chairman of International Crimes Tribunal-1 (ICT-1) Justice Nizamul Haque.
Mollah’s objection about another judge, Justice AHM Shamsuddin Chowhury, was that he attended a seminar organized by Ghatak Dalal Nirmul Committee in London in April 2010.
Both Justice SK Sinha and Justice Shamsuddin Chowdhury are among the six members of the Appellate Division bench that has been hearing appeals on the ICT-2 verdict against Quader Mollah.
The four other members of the bench are Chief Justice M Mozammel Hossain, Justice Abdul Wahab Mia, Justice Syed Mahmud Hossain and Justice Siddiqur Rahman Mia.
The Appellate Division of the Supreme Court on April 1 began the hearing on the appeals filed by both the prosecution and the defence about the ICT-1 verdict against war crimes convict, detained Jamaat-e-Islami leader Abdul Quader Mollah.
The hearing started before a six-member bench led by Chief Justice M Muzammel Hossain.
The tribunal on February 5 sentenced Quader Mollah to life term imprisonment for perpetrating crimes against humanity during the Liberation War 42 years ago.
On March 3, the government preferred appeal with the Supreme Court seeking death penalty for Jamaat-e-Islami assistant secretary general Abdul Quader Mollah, for his crimes against humanity during the Liberation War in 1971.
On March 4, Quader Mollah also filed an appeal with the Supreme Court against the verdict of the ICT-2 that sentenced him to life term imprisonment.
Advocate Khandaker Mahbub Hossain stood for Quader Mollah while Attorney General Mahbubey Alam represented the state today (Tuesday).