It happened when the Prime Minister is away but it happened. She must have known. The Chief Justice of the country had to go on leave for a month in unbelievable circumstances. The official explanation is that justice SK Sinha took leave for a month on personal account.
He was in Japan to attend the international conference of judges. On his way back he visited his daughter in Canada. He arrived Dhaka only a few days ago and came to the court on Monday to do some official work. Also issued a notice as Chief Justice inviting the lawyers to tea for the traditional get together after a long vacation of the Supreme Court.
The news came at the last moment that the Chief Justice applied for leave and had gone on leave. Nobody can blame anybody if in such a situation all sorts of ugly stories got circulated. Nobody believed the official story, especially because of the intolerant criticism directed by the government men against him for the unanimous judgement rejecting the constitutional provision empowering the Parliament to impeach the judges of the Supreme Court. All the eminent lawyers appearing as amici curiae also found the provision unconstitutional depriving the judiciary to play its role independently as the protector of the country’s Constitution.
Humiliating the Chief Justice is humiliating the nation. The Chief Justice enjoys a hallowed position internationally and special sanctity as the dispenser of justice to the people and upholder of the Constitution for the rule of law. In a way he represents democracy.
In these days modern technology nothing remains unknown about who does what in public affairs. We do not want to repeat what many others including lawyers are saying in public arena. But we must say that the most shameful thing should not have happened.
Not to take the Chief Justice seriously for his constitutionally and nationally exalted position is a dangerous sign of disrespect to the Constitution and the rule of law. This cannot be good for political stability either.
The government should seriously think how to repair the damage to the whole system of government apart from dishonouring the nation. The threat is the breakdown of the rule of law.
The Chief Justice has only three months to retire. The Chief Justice of a country is not just a person, he is the symbol of justice and constitutionality.
It is internationally accepted for protecting the independence of the judiciary that judges must be judged by their peers and not politically by the politicians.
Surely, the government does want to convey the message to the civilised world that it has no respect for the rule of law or the system of justice independent of politics.
