Judges pass orders from private chambers violating specific rules

Gulam Rabbani  :
After hearing a case, the judge can pass the order in open court or from his private chamber.

However, the general custom is that after concluding the hearing, the court will announce the order or verdict in open court.

However, we have always been noticed that in sensitive cases, the judges go into private chambers after the hearing. Later they issue the order.

This kind of practices has become so acute that the judges are unable to decide even on simple adjournments in the open courts.

In the two cases in which BNP Chairperson Begum Khaleda Zia was sentenced, the judges used to go into their private chambers even to fix the next date after the hearing.

Later they fixed a date which was announced by their assistants.

Now the same scenario is being seen in the case filed against Prof Dr Muhammad Yunus.

Barrister Abdullah Al Mamun, a counsel for Prof Yunus, alleged that the judge of the Third Labour Court in Dhaka where a criminal case is under trial against the Nobel Laureate made most of the orders from her private chamber.

On the last working day, Prof Yunus’ lawyer applied for adjournment of the testimony for one month, because one or two of the accused in the case will go to Saudi Arabia to perform Umrah Hajj.

However, the judge had to go to her private chamber to take the decision even on this issue. Later she adjourned the case for a week.

This lawyer also alleged that none of the demands we make over the adjournment of the case are heeded.

However, what the public prosecutors say is granted.

The judge could have maintained in the middle position. But she doesn’t do it.

Many feel that the order or judgment should be given in open court.

That’s the rule.

There are fears that judges may be influenced or dictated if they pass orders or verdicts from their special chambers.

Supreme Court lawyer Muhammad Shishir Monir said, “Lower courts are generally governed by two laws.

The ‘Criminal Rules and Orders’ is one of them. It is clearly stated in that law that orders or judgments in the cases are to be passed in the open court.

Those who pass orders or judgments from private chambers are violating this law.

Besides, there is also a judgment of High Court Division in this regard.

Not passing order or judgment in the open courts is also contempt of that judgment of the High Court.”