Commentary: High Court Division issued rule asking law ministry to show cause for its action against the sessions judge

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The lawyers and judges reacted angrily by the blatant release of a sessions judge for refusing bail against persons accused of three corruption cases as filed by independent Anti-Corruption Commission.
The prime minister and other ministers boldly make public assertions that their fight against corruption will not spare anybody. But a senior judge was treated most degradingly for refusing bail to government’s party followers facing corruption charges.
The sessions judge of Pirojpur was removed and placed most humiliatingly under the law ministry as a show of power that the judges can be easily humiliated and corrupt ones of the government must remain protected.
The lawyers of ACC hound the persons accused of corruption as if they are already guilty and must be hated and not to grant bail. The lawyers of the Commission
especially behave as if they are the angel crusaders not ready to show consideration that an accused of corruption is not guilty just because the Commission people say so.
It is no consideration that keeping an accused in jail does not help realisation of the money stolen and every accused should be free to defend himself.
After this shameful incident of punishing a judge for merely denying bail despite three corruption cases against the husband and wife, the people would anxiously wait to see how strong and independent role the Commission and the judiciary are capable to play.
We are reminding the Commission of their strong opposition to bail. On our part, we have been insisting in favour of granting bail before one is found guilty of the offence alleged. He can easily be restrained from leaving the country. His properties can be attached.
But there is no need to be sensible or honest by those who are holding government positions. Refusing bail to helpless ones makes it easier to protect the plunderers. It makes corruption easier for others.
The government is successful in appointing incompetent elements in high positions so that they are enough to destroy government from within. And they have been successful and the government is afraid to face the people in free elections. The people are living in fear of the government but the government is also not safe under the guidance of wise bureaucrats.
It is generally believed that the idea of interfering in the judiciary so arrogantly has not come from the prime minister. The law minister himself felt powerful enough. Let us hope that at this critical time there will be no attempt to suppress the truth.
The angry lawyers of Supreme Court yesterday tried to move a writ petition of their own protesting the blunt interference to degrade a senior judge. But meanwhile a senior Division Bench of the High Court Division comprising their Lordships Justice Tariq ul Hakim and Justice Md Iqbal Kabir issued the rule nisi asking the secretary and the deputy secretary of the ministry of law under whose signature the ministry’s order was issued.
Otherwise, what angry lawyers would have done is anybody’s guess. The lawyers and judges refused to believe that the Supreme Court could have consented to such an outrageously contemptuous action of the law ministry.
We know how fear is prevailing in the system of governance. So their Lordships will make it now possible to know what exactly has happened.
Now the law ministry sources say that there are allegations of corruption against the judge. If so, why the law ministry should be sitting idle over such allegations?
And if they are genuine, the ministry should have sent the allegations to ACC for investigation. So lying cannot be the best option for the law ministry.
A country can be destroyed by many notorious ones but it is the courage of the few that can save the goodness in a society. The judiciary cannot be independent if judges remain in fear all the time. The judges of the lower judiciary have to be protected by the Supreme Court.
The judges are not, like others, to be happy just by holding high positions and enjoying good salary. They must try their utmost to protect the justice system or give up rather than presiding over injustices out of fear.
 It is time for the lawyers also to come together for the cause of justice and not making self-destructive compromises for parochial loyalty.
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