Dhaka, Feb 14: The High Court on Tuesday observed that the Brahmanbaria Bar Association had created a black mark in the legal history of Bangladesh.
The HC bench of Justice JBM Hassan and Justice Razik-Al-Jalil made the observation when three lawyers, including president and secretary of Brahmanbaria Bar Association, appeared before it to explain the allegations of ‘indecent behavior’ in the courtroom of Brahmanbaria on January 2.
Momtaz Uddin Fakir, president of the Supreme Court Bar Association told the High Court that the issue of Brahmanbaria is being peacefully solved as all courts are resuming their activities from today. ‘Give us 1 month as we have some work to resolve the problem completely,’ he added.
Replying to this, the High Court said no development has been made. They (Lawyers) are just wasting time and they have made the Brahmanbaria court, a constitutional institution, non-operational. The court is observing everything, it added.
It is a crime worse than contempt of court, said the HC bench and warned that HC will think about whether they are eligible to practice in Bangladesh or not.
No one is above law, be it the president or the member of the Bar Association, said the court adding if the Bar Council does not take any action, the HC will do whatever is necessary.
Besides, the High Court fixed February 26 for the next hearing.
Supreme Court Bar Association President Md Momtaz Uddin Fakir and secretary Abdun Noor Dulal and Advocate Sayed Ahmed Raza stood for the B’baria lawyers at the court.
On January 10, the HC summoned the 21 lawyers including the Brahmanbaria Bar Association secretary to explain the allegation of contempt of court for chanting indecent slogans against the district judge during the court session.
The court also issued a rule to explain why contempt of court proceedings should not be initiated against them.
Brahmanbaria District and Sessions Judge Sharmin Nigar sent a letter to the Supreme Court in this regard on January 9.
Earlier on January 5, the same bench summoned three lawyers including Brahmanbaria Bar Association president on January 17 for misbehaving with the district Woman and Child Repression Prevention Tribunal Judge Mohammad Faruq.
Those summoned were Bar Association president Advocate Tanvir Ahmed Bhuiyan, Secretary (Administration) Advocate Md Akkas Ali and Advocate Zubair Islam.
The court also issued a rule questioning as to why punitive action should not be taken against them on contempt of court charge.
On January 4, district Woman and Child Repression Prevention Tribunal Judge Mohammad Faruq sent a written complaint to the High Court to take action against those involved in this incident. Later, on the instructions of the Chief Justice, the Registrar General of the Supreme Court sent the written complaint of the judge to the HC bench.
On January 2, Bar Association president advocate Md Tanvir Bhuiyan, Secretary Advocate Md Akkas Ali and around 10-15 lawyers including Zubair Islam came and rudely asked the judge to leave the courtroom. Advocate Tanvir hurled abusive words at the court, as per the complaint.
Meanwhile, the lawyers of Brahmanbaria, who have been boycotting courts since January 4, resumed the judicial proceedings of all courts, except Women and Children Repression Prevention Tribunal-1, from Tuesday.
The decision to resume the court activities was taken at a meeting of the Brahmanbaria Bar Association held on Monday.
Earlier on Sunday, a meeting was held at Brahmanbaria Circuit House around 10:30am in the presence of law minister, Brahmanbaria-3 constituency lawmaker and district unit Awami League president RAM Obaidul Moktadir, law secretary Golam Sarwar and others, where the law minister assured the lawyers of addressing the issue.
