Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 784 Thu. August 10, 2006  
   
Front Page


Jurists decry BoI chief's case, arrest warrants


Eminent jurists and lawyers' leaders termed the filing of the case and issuance of warrants against five eminent citizens as unfortunate and said the incident reminds how urgent is the separation of judiciary from the executive branch of the government.

The jurists strongly criticised the filing of the case by Energy Adviser Mahmudur Rahman and the issuance of warrants against the five top brass of the country's leading think-tank, the Centre for Policy Dialogue (CPD).

Supreme Court Bar Association (SCBA) President Barrister Amir-Ul Islam said this is another instance and also an illustration of the judicial output, it has not been made independent and separate from the executive branch.

"It highlights the vulnerability of citizens' civil right to express one's own opinion about participating in our national debate and also of the intellectual freedom and the freedom of expression," he said.

"Naturally this has shocked the entire civil society. I hope that this will help rouse the public opinion against the autocracy created by keeping the judiciary, particularly the subordinate judiciary under the executive control," Amir said.

Advocate Mahbubey Alam, former SCBA president, said the case has been filed to harass the noted personalities. "It is unfortunate," he said.

He said for quite a long time they have been saying that it is injustice to file criminal cases against intellectuals and journalists and to issue warrants against them. He also said to stop such harassments, separation of the magistracy from the executive is necessary.

Supreme Court Advocate Dr Shahdeen Malik also a rights activist told The Daily Star that a warrant in a defamation case is occasionally used when there is reasonable apprehension that the persons involved may abscond or not appear before the magistrate.

He said in this case all the five persons are among the most renowned and respectable persons in the country. Hence, one wonders what prompted the magistrate to apprehend that they will not appear before the magistrate.

Incidents like this remind one of the urgency and the utmost necessity of the separation of judiciary from the executive, he added.

Former SCBA Secretary M Enayetur Rahim said, "The case filed by Rahman is unethical," adding that the case is a part of a deep conspiracy as Rahman filed the case against the noted personalities at a time when they are campaigning to nominate honest and competent candidates for the next general election.

He said BNP and Jamaat have hands behind the case.

Rahim also said if Mahmudur had no ill motive, he would talk about the ministers and others in the government who indulge in corruption.