Editorial
AG's remarks on retiring CJ shocking
Is this any way to bid farewell?
It is our considered opinion that the remarks made by Attorney General Mahbubey Alam at the farewell for retiring Chief Justice Mohammad Fazlul Karim on Wednesday were unprecedented, uncalled for and unbecoming of the office he happens to hold. The convention has always been that every time a chief justice goes into retirement and his successor enters upon office, other judges and the lawyers' community in general take it as an opportunity to reflect on the positive aspects of the functioning of the judiciary. A farewell to a chief justice is a formal practice, but within that formality comes the question of a demonstration of respect for and graceful remembrance of tenure of the one who is going into retirement. Such an occasion has never been a time for acrimony or for an expression of bitterness on the part of any individual. If an individual temperamentally or professionally feels unable to accord due respect to a retiring or incoming chief justice, he can do the tidy thing of staying away from the occasion altogether.
The attorney general's show of resentment of Justice Karim's unwillingness to swear in two judges to the High Court because of the controversy surrounding their past was entirely misplaced and unsuited to the occasion of bidding farewell to an outgoing CJ. The attorney general would not stop there, even imputed a political motive to the retired CJ's action which took his bitterness to an indecent level. For our part, we feel that Mahbubey Alam's remarks have deeply disappointed the nation. Where it is his job to defend the government in court through legal arguments, he has overstepped his authority by launching a personal tirade against Justice Karim. He had done neither himself nor the government he speaks for any good by his attitude.
There is every reason to ask the attorney general why he did not come forth with the accusations against the chief justice earlier when Justice Karim happened to be presiding over the judiciary. If he feels so strongly about the appointment of the two judges in question, he should have gone public with his sentiments. It would have given the nation an opportunity to see a serious legal issue debated on and probably resolved to the satisfaction of all. By raising the issue now, Mahbubey Alam has made it hard for Justice Karim to respond because he no more holds office. Besides, the allegations the attorney general has made against Justice Karim are a fundamental attack on the latter's person, professional integrity and patriotism. The remarks of the attorney general have been in extremely bad taste and could seriously impair relations between the judiciary and the government. Worse, these remarks could well be the beginning of a trend whereby vicious personal attacks on members of the judiciary by lawyers may end up undermining the integrity and independence of the judiciary.
It is our expectation that such comments as have come from the attorney general will not be repeated in future, that indeed the judiciary will function independently and purposefully and will not succumb to pressure of any kind from any quarter.
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