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Ex-judge's wealth statement

HC concludes hearing on rule on SC`s letter

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01st-Nov-2017       
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Staff Reporter :
The High Court on Tuesday concluded the hearing on the rule issued on a Supreme Court letter that was sent from the office of the Registrar General of the Supreme Court to the Anti-Corruption Commission (ACC) not to probe former apex court's judge Justice Md Zainul Abedin's wealth statement.
The HC bench of Justice M Enayetur Rahim and Justice Shahidul Karim passed this order after concluding the hearing.
The court may deliver the verdict any day. But the court will try to deliver it in the fastest time.
On Tuesday, Advocate Zainul Abedin, also President of the Supreme Court Bar Association (SCBA), placed his statement in the court as Amicus Curiae.
Barrister Mainul Hosein took part in the hearing on behalf of Justice Md Zainul Abedin and Advocate Kurshed Alam Khan stood for the ACC.
Advocate Zainul Abedin said, "The letter was not as an order of the SC or the Chief Justice. It was not correct to cite 'Supreme Court think' in the letter because it was not an order of any division (Appellate Division or High Court Division) of the SC. It was also not said in the letter that the letter was sent with the direction of the Chief Justice."
"After issuing the letter the ACC continues their investigation. Later, the SC had given all information wanted by the ACC. So the letter have no effectively," Avocate Zainul also said.
Barrister Mainul Hosein said, "The ACC lawyer is demanding that the alleged judge has transferred money abroad through illegal process. He (ACC lawyer) reiterated this statement in different media and talk shows. If he has the documents, then where are those? We want those documents." At this, the ACC lawyer said that they have got allegations, but no documents in their hands.
After hearing the parties the HC concluded the hearing and keep the case awaiting for the verdict.
Recently, a letter was issued from the office of the Registrar General of the Supreme Court to the Anti-Corruption Commission saying that ACC should not take any action regarding Justice Md Zainul Abedin's wealth statement.
Advocate Bodiuzzaman Tarafder, a Supreme Court lawyer, drew court's attention to the letter issued by former Additional Registrar of the Appellate Division of the Supreme Court Arunava Chakraborty on March 28 in 2017.
Considering the letter, the HC bench of Justice M Enayetur Rahim and Justice Shahidul Karim on October 9 in 2017, issued a Suo Moto rule upon the respondents to show cause as to why the letter issued by the Registrar office of the Supreme Court to the ACC regarding former apex court judge Justice Md Zainul Abedin's wealth statement should not be declared illegal.
Registrar General of the Supreme Court, ACC Chairman, Additional Registrar of the Appellate Division Arunava Chakraborty and Justice Md Zainul Abedin were made respondents in the rule.
On that day, the HC announced three senior lawyers' name as Amicus Curiae to place expert opinions on the issue before the court.
On October 24 in 2017, Amicus Curiae Advocate Probir Niyogi and Advocate A M Amin Uddin placed expert opinions on the issue before the court. The two Amicus Curiae said that the writ was maintainable.
Former SC Additional Registrar Arunava sent the letter to the ACC saying that former judge Zainul had delivered many judgements while he was a judge of the Appellate Division of the SC. If any action is taken against him, his judgements will be questionable, the letter said. Therefore, it will not be right to take action against him.
He sent the letter as per the instruction of the SC authorities after the ACC had sought for documents from the SC on ex-judge Zainul's wealth statement.

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