Dhaka, May 16 – The Supreme Court on Thursday expressed graved concerned against a High Court bench for giving an unprecedented order relating to a civil case.
The seven members bench of the Appellate Division head by chief justice Syed Mahmud Hossain expressed concerned while attorney general Mahbubey Alam took part hearing on a civil case of National Bank Limited and others vs MR Trading and others.
The attorney general raised the allegation against a High Court bench led by Justice Salma Masud Chowdhury for giving an order to an Artho Rin Adalat to issue a decree in line with HC directive, which is
illegal and beyond its jurisdiction.
After raising allegation, the chief law officer of the state requested the chief justice to send the allegations of the HC bench to the president for taking the next course of action in accordance with the law.
The HC bench ordered the Artho Rin Adalat to issue the decree as per HC directive in a case filed by National Bank. The Supreme Court criticized the HC bench for giving such order to the Artho Rin Adalat for passing decree as per HC directive. People will not come before the court, if the HC will pass such order for the lower court. The HC bench cannot pass such type of order, the apex court observed.
Then, the attorney general requested the apex court to send the allegations before the president to take action against the HC bench.
Former attorney generals AF Hasan Arif, Fida M Kamal, senior lawyer Khandaker Mahbub Hossain, Barrister Rokanuddin Mahmud and others lawyers echoed the same view.
After that, the Appellate Division cancelled the lower court verdict and fined the petitioner Tk 1 crore. – Staff Reporter
