Justice Manik-Speaker Row
Judge embarrassed to hear petition
A High Court judge yesterday felt embarrassed to hear a writ petition challenging the legality of Speaker Abdul Hamid's June 18 ruling.
The Speaker had stated that an HC judge (Justice AHM Shamsuddin Choudhury Manik) violated the constitution by making derogatory remarks about parliament and the speaker.
Justice Naima Haider did not mention any reason for feeling embarrassed. The bench comprising Justice Naima and Justice Muhammad Khurshid Alam Sarkar also returned the petition to the petitioner.
A Supreme Court lawyer, Advocate AKM Shafiuddin, filed the petition, praying for an HC rule upon the Speaker and secretaries to the parliament and the law ministry to explain why the ruling should not be declared illegal.
Shafiuddin, a former HC judge, also prayed to the court to direct the Speaker not to issue such rulings in the future.
The petitioner's counsel, Barrister Akhtar Imam, said they would move the petition before another HC bench today.
Additional Attorney General MK Rahman said the petition stated that the Speaker cannot issue such a ruling against any SC judge as per the parliament's rules of procedure.
The Speaker had abused his constitutional mandate as it does not permit the parliament to challenge any SC proceeding over any sub-judice matter, he cited the petition.
The Speaker issued the ruling without hearing arguments from the judge and the ruling was tantamount to challenging the SC's authority, amounting to interference in the judiciary's independence, said the petition.
Justice Manik, during a court hearing on June 5, observed that the Speaker had committed an offence tantamount to sedition by commenting on an HC order in parliament on May 29.
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