A High Court judge yesterday felt embarrassed to hear a writ petition that challenged the legality of the alleged detention of Shukho Ranjan Bali, a defence witness for detained Jamaat-e-Islami leader Delawar Hossain Sayedee, facing war crimes charges.
Justice Sheikh Hassan Arif, junior judge of a two-judge HC bench, initially declined to hear the petition after Attorney General Mahbubey Alam informed that another HC bench had rejected a petition, having the same content as of yesterday's one.
The HC bench, rejecting the petition on November 13, comprised Justice Naima Haider and Justice Muhammad Khurshid Alam Sarkar.
Justice Arif said yesterday's petition could be moved before the November 13 HC bench if the petitioner's counsels had more supporting documents, said Deputy Attorney General (DAG) Ekramul Haque Tutul.
However, Justice Syed Refaat Ahmed, senior judge of the bench, said the petition should be heard since it involved Shukho's constitutional rights. This caused Justice Arif to express his embarrassment, he said.
The two judges decided to send the petition to the chief justice for a decision.
DAG Tutul said the chief justice would constitute a new HC bench to dispose of the petition which claimed that law enforcers abducted Shukho from the International Crimes Tribunals' entrance on November 5.
Shukho's friend Abul Kalam Azad filed yesterday's petition which also sought HC directives on the government to produce Shukho before the court to show he was not illegally detained.