Md. Idrisur Rahman, Government of Bangladesh and Others Vs. Syed Shahidur Rahman and Others, (2005) 34 CLC AD

Introduction:

This case appears to the Appellate Division. Civil appeal no. 145 of 2005 with the civil petition for leave to appeal no. 405 of 2005. The petitioner was Md. Idrisur Rahman and the respondents were Syed Shahidur Rahman and others.

This case has set some code of conduct for the judges of the supreme court. A judge has to maintain a high-quality code of conduct. Article 96 of the Constitution of Bangladesh also said about it. If a judge violet any code of conduct, he can be removed from his office. When a judge takes an oath, he must protect the Constitution and the law. If a judge violates any of the established conduct, usage or custom, he will not only commit gross misconduct but also violates his oath, the Constitution and the law.

This case set some code of conduct for the judges of the supreme court. A judge has to maintain a high-quality code of conduct. Article 96 of the Constitution of Bangladesh also said about it. If a judge violent any code of conduct, he can be removed from his office. When a judge takes an oath, he must protect the Constitution and the law. If a judge violates any of the established conduct, usage or custom, he will not only commit gross misconduct but also violates his oath, the Constitution and the law.

Fact:

Justice Syed Shahidur Rahman was used to run a law chamber advocate Mrs Jesmin Akhtar was his assistant law chamber Mr Justice Syed Shahidur Rahman was then appointed as an assistant judge of the high court division. He was appointed as an additional judge of the high court division in April 2003. Though he reportedly alleged that he embezzled funds as an office bearer of the association of Supreme Court Bar Association (SCBA). After being appointed as a judge of the high court Mr Justice Shahidur Rahman indirectly maintain his law chamber. He allowed Mrs Nasima Sultana Kona in his house for a discussion about a client's bail. After the meeting, Mr Shahidur Rahman referred Mrs Nasima sultana kona to his old Law Chamber. After prayer for the bail, the prayer was refused and the petition was dismissed. Mrs Kona claims that she paid 50000 tk for bail to Justice Mr Syed Shahidur Rahman and wants the file back. But Mrs Jesmin Akter Keya refused her claim to pay 50000 tk to the Justice. A council was formed against Mr Justice Syed Shahidur Rahman to investigate his wrongdoing. Finally, the council submits its report to the President. The council didn't prove the money transfer against Justice. But find out the other fault which is not the right thing for any Justice. What he did, was go against the code of conduct of a judge because a judge has to main a high standard of conduct. According to the report of the Council, the president ordered to dismissal of Shahidur Rahman from the office of the High Court for his misconduct. Mr Justice Syed Shahidur Rahman should not continue as an additional Judge of the High Court division of the Supreme Court of Bangladesh. After that, he filed a writ petition on the high court challenging his removal order. Then the high court declared the removal of Shahidur was illegal. After that lawyer Idrisur Rahman appealed against the verdict of the High Court.

Arguments:

Mrs Kona meet with bar president Rokanuddin Mahmud and narrated all the matters which happen to her. The council had conducted a few cases through Mr Justice Shahidur Rahman while he was a Deputy Attorney General. Mrs Kona and Syed Shahidur Rahman know each other from the time he was practising as an advocate. After he becomes a Judge he maintains the contact over the phone with Mrs. Kona. There is a disbelieved in the presence of an amount of 50000 tk. but there is enough belief in the entire Matter.

Mr Syed Shahidur Rahman breaks the rules of the 'code of conduct' and also judicial ethics and norms. In fact, a judge's personal life must be standard and propriety but Mrs Justice didn't follow the rules.

Mr. Syed Shahidur Rahman denied the presence of materials of the allegations ad he argued that he removed from his office illegally.

A Judge shall not be removed from his office unless mental or physical incapacity, repeated neglect, or criminal act. Mr Justice wants to review his decision against him. But the judicial review is only available for some of the grounds. If the environment is present in the decision then the review is public.

Opinion of Judge:

According to Chief Justice Surendra Kumar Sinha ‘a constitutional point of law is involved in this appeal, which is public importance & it is directly related to the code of conduct of the judges of the higher echelons.’ This appeal relates to the removal of an additional Judge of the High Court Division named Mr Syed Shahidur Rahman. Article 96 has provided a comprehensive and complete procedure regarding the judge's tenure and removal. For the removal of a Judge, there should be a Supreme Judicial Council consisting of the Chief Justice and the next two senior Judges. The ‘Code of Conduct' was promulgated on 7th May 2000 in the exercise of powers conferred under Article 96. The ‘Code of Conduct' is only a restatement of values of judicial life and is not meant to be exhaustive but illustrative of what is expected of a judge. A judge should maintain high standards norms & ethics which are being followed by Judges in the past.

The council shall prescribe a Code of Conduct which shall be observed by the judges. The reference shall be made by the Council. If the Chief Justice gets any information from various sources regarding the misconduct, he may bring it to the notice of the president. If the president is satisfied with the materials sufficient for the removal of a judge, he shall refer the matter to Supreme Judicial Council for inquiry and report. If the president shall be satisfied with the inquiry report that the Judge is incapable or guilty of misconduct, the president shall remove him from his office. The Supreme Judicial Council promulgated the ‘Code of Conduct’. It reminds the judges to have constitutional responsibilities to maintain. Judges take an oath to preserve, protect and defend the Constitution and the Laws of Bangladesh. The Code of Conduct relates to upholding the integrity and independence of the judiciary. A judge has to maintain high standards of conduct to preserve the integrity and independence of the judiciary. If a Judge violates the code of conduct it may be said that he has violated his oath and this type of violation is taken as ‘gross misconduct.’ A Judge should abide by norms and ethics which are being followed by the judges for many centuries. When a judge sits on trial, he is on trial. Once having assumed the Judicial office, the Judge is a Judge for 24 hours. A judge is constantly under the public gaze. Society expects that a Judge must be a man of high integrity, and honesty required to have moral vigour and ethical firmness. A judge's official and personal conduct be free from impropriety. A Judge shall not engage in conduct incompatible with the diligent discharge of judicial duties.

Decision:

The materials on record proved that Syed Shahidur Rahman was indirectly maintaining his law chamber which is misconduct and allowing Ms Kona with her two of her relations for arranging a bill for one of her relations is another misconduct. The Council held on a view that the conduct of Mr Syed Shahidur Rahman should not continue as a Judge of the high court Division as he violated the code of conduct. According to the report of the Council, the President ordered the removal of Syed Shahidur Rahman.

After getting the removal order from the president Syed Shahidur Rahman filed a writ petition against his removal order in High Court. In February 2005 The High Court declared the removal of Shahidur illegal. After that Advocate Md. Idrisur Rahman appealed against the decision of the High Court. Then the Supreme Court upheld the decision of the president of removing an additional judge of the high court Syed Shahidur Rahman. and also set some code of conduct which has to be maintained by a Judge of the High Court Division. Some of them are below-

1) A judge has to perform his duty impartially without any fear.

2) A judge must protect the Constitution & the Laws of Bangladesh.

3) A judge can not get invitations & hospitality except from his family members, and relatives and a judge should have to maintain high standards of conduct and ethics.

4) A judge should be patience, dignified, respectful & courteous to litigants, lawyers and other to whom the judge deals in an official capacity.

5) A judge should practice a degree of aloofness consistent with the dignity of his office.

6)  A judge shall not give an interview to the media.

 

Observation:

A judge should have to maintain high standards norms and ethics. He should be faithful to and maintain professional competence in the law and should be swayed by partisan interests, public clamour, or fear of criticism. A judge should not engage directly or indirectly in trade or business and also not enter into public debate or express his views. He should not engage political activists. It can be said that there are so many restrictions in the life of judges.

Conclusion:

A judge can't lead a life like other normal people. A judge can't contact other professional people. Every judge should follow the 'code of conduct'. But in this case, the Justice didn't follow the code of conduct and break the ethics and norms. Justice leads a life like normal people which is why he has been removed from the office of high court division.

[This Case Summary is written by Asadul Islam, Tarek Bhuiyan, Rakibul Islam, Saiful Islam, Md. Seyam, Sadia Hosen Ema, Md. Sojib Khan, Md. Sha-Ahd Ibne Sharif Prodhan, and Jannat Sarker Nitu]

    “All the writers are the students of Department of Land Management and Law, Jagannath University”