“The judge even when free, is not wholly free” – Mainul Hosein
For the title of today’s article we have taken a quote from famous jurist Benjamin Cardozo’s book – The Nature of The Judicial Process – which has also been relied upon by our Appellate Division of the Supreme Court. We have done so to make it easier for us to explain that judges, however free, they are bound by law and their judicial conscience.
The arrogant remarks made by some lawyers while conducting the writ petition of Nobel Laureate Prof. Muhammad Yunus before the Division Bench of the High Court Division must be seen as highly disturbing specially in the context that they came to defend the honour of an honourable person. Yet, their Lordships heard the matter most patiently for three days before the order of rejection was delivered last Monday. Surely the lawyers could not be stopped from saying everything they wanted to say in praise of Dr. Yunus add his international position.
One such lawyer representing a foreign financed NGO had termed Monday as a sad day for the people of Bangladesh. She blamed the court for legalising Bangladesh Bank’s illegal order. She insisted that a man of great honour was dishonoured because their Lordships found the writ petition not maintainable.
A senior lawyer claiming himself to be a brave lawyer told the High Court Division Bench, “We apprehend that Dr Muhammad Yunus will not get justice from you, since you are holding hearing on his petition for so long without issuing any rule.” The newspaper reports go, he even asked the judges to feel embarrassed and not to hear the writ petition.
“We have come to you for something. If you don’t give us anything, then just reject the petition, and we will leave,” he said, adding that there is no scope for holding such a long hearing before issuing the rule. He said it is a matter of few minutes for the HC to issue a rule following a writ petition.
He reminded the judges how important the matter was and how 16 crore people of Bangladesh, and even people of foreign countries had been waiting to know its result. In reply Justice Momtaz Uddin Ahmed, the presiding judge, said, “We will also be deprived of justice, if you leave.” The presiding judge politely wanted to know the law.
The lawyers of Prof. Yunus have preferred an appeal with the Appellate Division of the Supreme Court. The chamber judge of the apex court has sent the appeal to its full bench to hear Prof Muhammad Yunus’ petition. The appeal will be hopefully heard on 15th March.
The lawyers who felt free to make uncharitable remarks about the High Court Division’s decision have in fact earned their name and fame because of the reliefs they were able to obtain from the judges over the years. Some of them promoted the cases of non-governmental organisations (NGOs) and hugely benefitted personally as well. They forget that the judges of the High Court Division of the Supreme Court had shown real courage in giving judgements against the government in many human rights violation cases.
It should be considered irresponsible for a lawyer to represent a client in court when he has no faith that he will get justice. Yet they are the ones who rush to court seeking justice for everything.
The dispute over Dr. Yunus’ matter has much to do with the dignity of a Nobel Laureate. If there is any legal aspect to be examined, only that aspect can be looked into by the judges. The full court of the Appellate Division will again consider the legal aspect of Dr. Yunus’ writ. But we have been emphasising from the beginning that the legal aspect of Managing Directorship of Dr. Yunus is not everything. The whole nation is hurt and angry over the treatment of Dr. Yunus. More than legality, the callous disrespect shown in removing him has to be taken seriously. Dr. Yunus himself says he did not want to continue life long as Managing Director of the Grameen Bank. Some of the government’s men have made it clear that the main motive behind the action was political. Our party politics knows no respect for respectable men or women. It is the party politics of our country that should be on trial.
We strongly feel a respectable way should be found for accommodating Dr. Yunus in running of the Grameen Bank as its founder. It is not necessary that he should remain Managing Director. Dr. Yunus is also eager to see that the bank is run properly maintaining international trust and reputation. A graceful arrangement for keeping Dr Younus involved in the management of Grammen Bank has to be ensured no matter what happens to the legal battle.
Managing Directorship of the Grameen Bank is not an issue for Dr Yunus or the nation. The Nobel Laureate of our country has been humiliated and his honour must be protected. We do not say that Dr Yunus has no accountability, but some people have to learn do things in a dignified manner. There is no alternative but to take initiative by eminent persons to reach a negotiated arrangement for graceful restoration of Dr Yunus’ link to Grameen Bank. Confrontatin will only worsen the situation for our national image and international standing.
http://www.thenewnationbd.com/
Short URL: http://www.livebdnews.com/?p=116
Posted by zdhnsumzfmuktadir
on Mar 10 2011. Filed under Featured, International, Politics.
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