A day after formation of the All-Party Unity Council by the lawyers of the Supreme Court, a controversy has been created centering the committee, as its two members resigned on Wednesday. The lawyers on Tuesday at a discussion at the Supreme Court Bar Association building formed the committee namely ‘Committee to Protect the Independence of the Judiciary’ against the government’s move to re-empower Parliament to remove the SC judges through the 16th Amendment to the Constitution. Eminent jurist Dr Kamal Hossain was made convener of the committee, while senior legal experts Barrister M Amir-Ul Islam, Barrister Mainul Hosein, Advocate Khandker Mahbub Hossain, Barrister Rokanuddin Mahmud and Dr Shahdeen Malik were made joint conveners, and Barrister AM Mahbub Uddin Khokon and Advocate Subrata Chowdhury were made member secretary and assistant member secretary respectively. Amir-Ul Islam and Rokanuddin Mahmud resigned, as they alleged that their names were included in the committee ‘without their consent’. “We joined the discussion meeting only for discussing on the subject- ‘Independent Judiciary, Judge Appointment Process, Judges’ Accountability and Impeachment’. We did not go there to form a committee or to be member of the committee. However, my name was included in the committee without proper consultation with me,” said Amir-Ul Islam. Echoing the same as Amir-Ul Islam, Rokanuddin Mahmud said, “I was not aware about the committee. The committee was formed without proper consultation. So, I will not serve with the committee.”In his reaction, Dr Kamal said, “We actually arranged the discussion to show our position against the government’s move. The main agenda of the meeting was to unite all the lawyers to create consensus and raise voice against the move. And I think we have successfully completed the task as the lawyer community enthusiastically joined it forgetting their party affiliation.”Formation of a committee was the last minute decision which was taken through consensus, said Dr Kamal, adding, “We formed the committee only to advance our movement.”As duo resigned from the body, now it seems that the committee would not function. Whether the committee exists or not we will continue our movement against the issue. Barrister Mainul Hosein, a former President of the Supreme Court Bar Association, whose name has been included in the committee, when contacted said that the committee or no committee if the lawyers so want, they can act together like in the past. In the past, the former Presidents and the current President of the Association acted together showing solidarity of the lawyers on issues affecting the rule of law or independence of the judiciary. “I, as former President of the Supreme Court Bar Association, shall be with the lawyers whether there is any committee or not for upholding the cause of independence of the judiciary without which there cannot be the rule of law or democracy,” he added. Advocate Khandker Mahbub Hossain, also a former President of the Supreme Court Bar Association and vice chairman of Bangladesh Bar Council, said that his proposal was passed unanimously in the meeting in the presence of the members. All the participants, including the duo, accepted the committee. Why they resigned later? he asked. Kh. Mahbub, who made the official announcement of the committee in that meeting, smelt rats in their resignation, saying that it seems that the duo resigned after getting signal from a particular party, as they do the politics of the party. “We will continue our activities. We are united to protect the judiciary. So, their resignation will not hamper the next programme. We will sit tomorrow (today) to discuss the next strategy,” he said. He also said that Amir-Ul Islam after the meeting told him to revise the committee so that the committee will be formed with former Presidents of the Bar Association. “I told him that the decision was taken in a general meeting. If it needs to revise, it will be done in the next meeting.”
