The High Court yesterday experienced a rowdy scene with members of the bar shouting, beating desks, using abusive languages, and even giving threats to each other.
The unruly situation was created at the courtroom centering on the hearing on the writ petition filed by BNP Chairperson Begum Khaleda Zia challenging a government notice to evacuate her cantonment residence.
Hearing on the writ petition was scheduled to be held at a High Court (HC) bench comprising Justice Md Imman Ali and Justice Obaidul Hasan yesterday. The court adjourned the hearing till Tuesday.
It also directed Khaleda Zia’s counsel to appeal for adjournment of the hearing of the petition by the date.
The court, at one stage, being angered with unruly behavior of the lawyers in the courtroom threatened to call in police and hand them over.
The lawyers present strongly protested the bench’s remarks and demanded its withdrawal and apology for the same.
Supreme Court Bar Association (SBCA) president Khandaker Mahbub Hossain said, “We never expected such attitude from the court what Justice Imman Ali showed in the court.”
Protesting the remarks Khandaker Mahbub said, “He (The Justice) threatened the lawyers of calling police. Then I said that we and thousands of lawyers are ready to be arrested.” The HC has no instance of giving such threats to the lawyers to hand them over to the police, he said.
First, Barrister Moudud Ahmed prayed for time for hearing on the writ petition saying that “Begum Khaleda Zia is busy in public affairs. So, we could not talk to her regarding the case”.
Pointing finger at the lawyers in the courtroom, the judge said why there are so many lawyers in the room? Why did you bring them here? Then Moudud posed a counter question why did Attorney General bring so many lawyers into the courtroom?
When the court asked Barrister Nazmul Huda whether English courtrooms faced similar experience, Huda said this court is different from English Courts because it don’t have proper environment to sit. The lawyers present supported him.
SCBA president Khandaker Mahbub Hossain said, “We are not lawyers of the English Bar” then a Justice of the bench said, “I didn’t ask you, but Huda”.
Later, Attorney General placed his arguments before the court on the writ petition filed by former Prime Minister Khaleda Zia. The government is ready for the hearing, he said.
The court rejecting the time prayer of Moudud asked him to place his arguments before the court. But Moudud said I cannot join the hearing without talking to my client about it.
The court again asked him to place his arguments. Then Moudud said, “Why there is so much urgency in holding the hearing?” If verdict is given arbitrarily without holding hearing, then it would not be rational, he added.
When the court again asked Moudud to start the hearing, then all lawyers present at the courtroom simultaneously protested saying ‘No, No’.
At this stage, a judge of the bench said that if they behaved like this, then he would call police to arrest them.
Then, all the lawyers shouted and said that let the police to come. SCBA president Khandaker Mahbub said not only a lawyer but also thousand of lawyers are ready to be arrested. If you (Court) can, arrest them, he said.
At that time, some lawyers from back benches said that the judges were proving not impartial.
Barrister Fakhrul Islam said that it was not an English Bar. Your remarks insulted the lawyers. You have breached behavioral norms and other lawyers shouted in his support.
When Barrister Moudud uttered ’sorry’ for the lawyers’ behavior, SCBA president said, “No”, the court first have to withdraw its speech. The court said “Is it court’s environment?”
Attorney General (AG) alleged that lawyers of Khaleda Zia followed strategy to delay hearing on the petition.
Later, as Adv Mahbub Uddin Khokon stood up to say something before the court, the AG objected and Khokon complained against AG of dictating the court.
Khokon also alleged that some 13 days were spent to refer the petition to another bench after it was sent to Chief Justice for a decision. The petition was referred to this bench after some benches were reformed with junior judges, he said.
Adv Sanaullah Miah said, “I am the president of 14 thousand lawyers. The court has to withdraw the speech.”
Later, Moudud and the SCBA president calmed the lawyers.
The court told Moudud, “Please, save us. Save the image of the High Court”.
The pro-BNP lawyers later chanted slogan in the court premises. The lawyers of Khaleda Zia apprehended that they would not get justice from the court.
SCBA president said the lawyers were aggrieved in the incidents. They would convene a general meeting of the lawyers in protest of the incident and go to the Supreme Judicial Council.
An HC bench of Justices Syed Mahmud Hossain and ATM Fazle Kabir, earlier on March 18 this year, sent the petition to Chief Justice Mohammad Fazlul Karim for a decision as Khaleda expressed “no-confidence” in that bench.
The Chief Justice then referred the petition to the bench of justices Md Imman Ali and Obaidul Hasan for hearing.
The HC on May 27 last year stayed on eviction notice for three months. The notive had asked Khaleda to hand over the house to the military estate officer by June 30 of the same year. The HC had issued a rule upon the government to explain as why the notice should not be declared illegal.