BD govt, CJ in war of words

LAHORE: Just about three months before his stipulated retirement, Bangladesh’s Chief Justice Surendra Kumar Sinha has probably been shown the door by the ruling Awami League party, and is believed to have been forced to go on a leave amid reports that the government was upset with the 66-year old arbiter. 

The “Hindustan Times” had revealed a week ago that Chief Justice Sinha was being “sent” on a one-month “sick leave” beginning October 3. 

Numerous Indian media outlets have now reported that Bangladesh is hence facing a grave constitutional crisis as Chief Justice Sinha has reportedly flown to Australia. 

Hand-picked by Premier Sheikh Hasina Sinha in 2015, Justice Sinha had also played a key role in the War Crimes Tribunal that dealt with acts of violence during the 1971 war. He had upheld the death sentences of leading Opposition leaders accused of committing war crimes and collaborating with Pakistan. 

While the Bangladeshi government claims that he is unwell, Chief Justice Sinha has rejected this version from those at the helm of affairs in Dhaka. 

The head of the Bangladeshi apex court was quoted as saying by various newspapers: “I am completely well, but I am really embarrassed at the way political quarters, lawyers and especially several honourable ministers and the prime minister personally criticised me with respect to a verdict recently.” 

It is imperative to note that the government in Bangladesh has levelled allegations of corruption against Sinha and is due to probe the accusations.  On September 30, the President of Bangladesh had handed over documents pertaining to 11 allegations of corruption against Sinha to five other judges. 

These judges had then refused to sit on a bench with Sinha till the charges against him were cleared.  An Indian media outlet stated: “The row between the government and the judiciary has its genesis in a July 3 verdict of a seven-member bench of the Supreme Court, which struck down a constitutional amendment that gave Parliament the power to impeach judges (as is the practice in India). The judgment reportedly restored the powers of a judicial council, comprising the chief justice and the two senior-most judges of the Supreme Court, to remove judges.” 

The media house has gone on to write: “With Parliament dominated by the Awami League – the party that led Bangladesh’s war for independence from Pakistan in 1971 – the Right-wing Bangladesh Nationalist Party welcomed the Supreme Court judgment, saying it would reduce the power of the government and give the Opposition more space to operate.”

It added: “The Awami League, however, was not pleased with this check on its powers. Prime Minister Sheikh Hasina picked up a statement made by Sinha on August 20 in which he referred to a judgement by the Supreme Court of Pakistan that had unseated its prime minister from office. Criticising the chief justice for comparing Bangladesh to Pakistan – a prickly matter given the history of the 1971 Liberation War – Hasina said, “The people’s court is the biggest court.”

On October 14, the “Hindustan Times” had reported: “The government was upset with him (Sinha) over his decision to scrap parliament’s authority in impeaching Supreme Court judges.”

It quoted Sinha as saying in front of his official residence while on his way to the airport to catch a flight to Australia on Friday last: “I am the guardian of the judiciary, in the interest of the judiciary I am leaving temporarily so that its image does not get hurt. I will return. I am not sick, I am well... I am not fleeing either.” 

The prestigious Indian newspaper maintained: “Sinha, however, added the way a “political quarter, lawyers, and especially some honourable ministers of the government and the honourable prime minister are criticising me recently over a verdict embarrassed me. The government row with the higher judiciary sparked in July this year when the apex court delivered a verdict declaring void the 16th constitutional amendment, scrapping parliament’s authority in impeaching Supreme Court judges.”

The “Hindustan Times” added: “The dispute grew in the subsequent weeks as several senior government leaders virtually attacked Sinha over his comments, blasting the government for its reaction and gave Pakistan’s example where ousted Prime Minister Nawaz Sharif was stripped of his premiership under an apex court ruling. Prime Minister Hasina accused him of defaming parliament and president and “humiliating” Bangladesh by referring to Pakistan’s instance premier’s removal saying “he (chief justice) should have quit (and) the most humiliating thing is the comparison with Pakistan which is intolerable.”

Meanwhile, the main Bangladeshi opposition leader and an ex-Prime Minister, Khaleda Zia, has supported Sinha, saying the government was trying to control the higher judiciary by launching a campaign against the apex court judgment.