Legal experts in the country have deemed the temporary suspension of judicial duties for 12 High Court judges as inappropriate. They believe the process being used to demand the resignation or removal of these judges is also outside the bounds of legal protocol.
On Wednesday, the Supreme Court`s Registrar General, Aziz Ahmed Bhuiyan, announced that the 12 judges invited to Chief Justice Syed Rafat Ahmed`s "tea invitation" would not be able to perform any judicial duties for the time being.
The announcement came shortly after a student movement opposing discrimination surrounded the High Court, demanding the resignation of "fascist judges aligned with the Awami League." The timing of the decision regarding the 12 judges followed the protest.
Supreme Court senior lawyer Z.I. Khan Panna has expressed concerns that the method being used to demand the resignation or removal of judges is outside the bounds of legal procedure. In an interview with the leading media outlet Prothom Alo, he described the situation as anarchic.
He noted that Chief Justice Syed Rafat Ahmed has established a hotline service for formally reporting any allegations against judges or officials.
He warned that if pressure to resign or be removed continues without utilizing this process, no judge may be safe from similar actions in the future.
Another legal expert, Shahdeen Malik, stated that removing judges in response to resignation demands constitutes a serious threat to the independence of the judiciary.
He emphasized that the Constitution outlines a specific process for investigating allegations against judges and determining their validity.
He lamented that this procedure was not followed when temporarily suspending several judges from their duties, calling the overall situation very distressing.
Following the interim government`s assumption of power on August 8, Shahdeen Malik was appointed as the head of the Constitutional Reform Committee.
However, he has since been replaced by Ali Riaz, a professor residing in the United States.
In response to the suspension of judges, Malik told Prothom Alo that while there may be allegations of bias, incompetence, or even corruption against some judges, it does not mean that they should be held hostage by these claims or temporarily removed from their duties.
He warned that if judges are influenced by personal feelings, it would become increasingly difficult to ensure justice.
Another Supreme Court lawyer, Jyotirmoy Barua, criticized the pressure tactics being employed, calling them inappropriate.
He stated that such actions should be avoided, noting that the constant presence of students demanding resignations could lead to reactive measures that undermine judicial integrity.
He emphasized that the judiciary`s supremacy could be jeopardized, referencing past instances where the process for addressing issues involving six appellate judges was not properly followed.
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