HC JUDGE MISCONDUCT ALLEGATIONS
Charges against Mizanur not proved: Shafique
SJC report submitted to presidentStaff Correspondent
A supreme judicial council led by the chief justice has reported to the president that the allegations of misconduct against High Court judge Mizanur Rahman Bhuiyan could not be proved, the law minister, Shafique Ahmed, told New Age on Tuesday.
The president in February ordered the council to report to him after an inquiry against Mizanur Rahman, who is reported to have distributed to colleagues copies of the writings posted on blogs allegedly by the slain Ahmed Rajib Haidar.
Mizanur sent photocopies of news items on the blog postings by Rajib on Islam and the Prophet Muhammad (PBUH) to other Supreme Court judges in envelopes on February 18. The daily Inquilab published the reports on the day.
‘The law ministry forwarded the report of the three-member supreme judicial council to President Md Abdul Hamid early this month,’ the law minister said.
He said, ‘The report will now be kept in records as the council reported that the allegations of misconduct against the judge could not be proved.’
Article 97(6) of the constitution says, ‘If, after making the inquiry, the council reports to the president that in its opinion the judge has ceased to be capable of properly performing the functions of his office or has been guilty of gross misconduct, the president shall, by order, remove the judge from office.’
Lawyers and court officials close to Justice Mizanur said that the council’s report had been sent to the president and the judge was waiting for the president’s order.
The chief justice, Md Muzammel Hossain, has not given any charge to Justice Mizanur Rahman although he goes to court every day.
Rajib, said to be an organiser of the Shahbagh protests demanding the maximum punishment for all war criminals, was hacked to death near his house at Mirpur in the capital on February 14.
After his death, three newspapers carried out a number of reports containing texts of blog postings attributed to Rajib and branded him as a campaigner against Islam.
In the parliament, senior Awami League lawmakers also vented their anger at the act of the judge which they found to be a sheer misconduct and violation of oath of office and the constitution.
They accused the judge of siding with the BNP and Jamaat and hatching conspiracies to foil the Shahbagh protests with false propaganda.
Mizanur was appointed an additional judge at the High Court on July 29, 2002 and his job was confirmed two years later during the BNP-Jamaat government.
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