Staff Reporter :
Justice Nozrul Islam Chowdhury, a retired judge of the High Court, has withdrawn himself as lawyer for condemned war criminal Jamaat leader Mir Quasem Ali. He discontinued on Monday as a defence lawyer from the hearing on Mir Quasem’s review petition with the Appellate Division.
Justice Nozrul informed the Appellate Division of the Supreme Court about his decision. He, however, claimed that he was compelled to withdraw himself due to adverse situation. “Practicing law as a retired Justice and lawyer is not against the Constitution and the ethics. But I had to withdraw myself from the hearing of Mir Quasem’s review plea because of an adverse situation,” he said while talking to reporters on the Supreme Court premises.
The move came days after Attorney General Mahbubey Alam pointed out the issue,saying that Justice Nozrul has been enjoying state facilities after retirement. “In such a situation, he shouldn’t stand in the court against the state which goes against the ethics,” Mahbubey Alam told the court.
Justice Nozrul informed that he retired on December 12 last but has been participating in hearings on different cases filed with the Appellate Division of the Supreme Court since January 3 this year. He had stood for the same client in two other cases, and argued against the Attorney General in three cases, though no question of legality was raised on those occasions. But the question arises when he attended the hearing on Mir Quasem’s plea, he said.
The retired judge said that he was aware of his enjoying the state privileges and claimed that he was not misusing the facilities.
Mir Quasem’s family also alleged that the government has compelled Justice Nozrul to discontinue as defence lawyer for the Jamaat leader. In a press statement, Mir Quashem’s wife Ayesha Khatun apprehended that he was deprived of justice, as Justice Nozrul’s withdrawal will badly affect the case.
Meanwhile, Mahbubey Alam welcomed the decision of Justice Nozrul. Talking to reporters at his office, the Attorney General said that he still believes that it goes against the ethics if any retired judge stands for defence during his/her enjoyment of state facilities. He, however, denied the allegation of pressure on Justice Nozrul to withdraw himself from the case of Mir Quashem Ali.
Justice Nozrul Islam Chowdhury is now on post-retirement leave (PRL) and has been enjoying the facilities provided by the government.
On February 10, the retired judge stood for Mir Quasem Ali and placed his arguments during the hearing. During the hearing, Chief Justice SK Sinha asked the justices and the retired justices, who are still taking government privileges, to follow the rules and regulations of the court.
