A case was filed today against ABM Khairul Haque, former chief justice and former chairman of Law Commission, on charges of fraud and altering the judgment that annulled the 13th amendment concerning the caretaker government.
Md Imrul Hassan, a lawyer of Dhaka Bar Association, filed the case against Khairul Haque with the Court of Metropolitan Magistrate Dilruba Afroze Tithi.
After the hearing, the magistrate recorded the statement of the complainant and said she would pass an order on the issue later in the day.
In the complaint, Imrul said Justice ABM Khairul Haque, after retiring from the position of chief justice, was appointed as the Law Commission chairman for three years on July 23 of 2013 by the government. His tenure was subsequently extended three times as the chairman of the commission.
He served as the 19th chief justice of Bangladesh from September 30, 2010 to May 17, 2011.
A week before his retirement as the chief justice, Justice Haque gave the verdict declaring the nonpartisan election time government “illegal”, ignoring strong pleas by eminent jurists such as Dr Kamal Hossain, Barrister Rafique-ul Huq, Barrister M Amir-ul Islam, former attorney and general Mahmudul Islam, all of whom strongly argued for retaining the interim government system for the sake of country’s democracy.
Even three of the judges of the Appellate Division which was headed by Justice Haque did not consent to declaring the system “illegal”, giving dissenting verdicts. Three other judges, however, agreed with him, ensuring a stalemate.
Justice Haque, then, cast the decisive vote. The non-partisan caretaker government was declared “illegal”.
The end of the caretaker government system meant an end to the mechanism of checks and balances which ensured free and fair elections in 1991, 1996, 2001 and 2008, said the complainant in his complaint.
