Ten lawyers submit letter for Sharif Uddin, HC calls for writ

The High Court has said that if anyone was aggrieved with the dismissal of Md Sharif Uddin from his post as deputy assistant director of the Anti-Corruption-Commission (ACC), they should file a writ petition.

A two-judge bench of the High Court said this on Tuesday in response to lawyers who issued a letter calling for directives pertaining to Md Sharif Uddin, including protection for his life.

Ten lawyers, including Supreme Court lawyer Mohammad Shishir Monir, on 20 February submitted this letter about Sharif Uddin to a two-member bench of the High Court and the registrar general of the Supreme Court. The letter urged, following the High Court Rules (Amendment), this should be considered as a petition in accordance to Article 102 of the constitution.

Lawyer Mohammad Shishir Monir raised the issue of this letter at the High Court bench of justice Md Nazrul Islam Talukdar and justice Md Mustafizur Rahman when the court began on Tuesday morning.

At the outset Shishir Monir said, "A letter has been submitted to the court. Have you received a copy?" The court replied, "Yes, we have seen it. If you feel that way, file a writ. What's the problem with a writ?"

Monir replied, "The letter has been issued in keeping with the High Court rules." The court responded, "There is no obstacle to your issuing a writ. You can come with a proper writ. Rather than suo moto through us, you can come with a writ petition, if you are genuinely aggrieved by that action of ACC."

In reply, lawyer Shishir Monir said, "It is in accordance to the High Court rules and the rules say..." The court intervened, "We are aware of the High Court rules you have read. We can do this, but since the matter is in your knowledge and you have apprised us, you have petitioners, so what is your problem to come up with an appropriate appeal?"

Shishir Monir replied, "There is no problem."

The court said, "Generally speaking we deal with issues of public interest suo moto. But this is a personal grievance."

Shishir Monir said, "I term this as public interest as it involves the reputation of ACC. I am not speaking in favour or against anyone."

The court asked, "Who is the petitioner?" Shishir replied, "Ten of us lawyers of the Supreme Court have come forward with this matter. We are not for or against anyone. An important issue has been raised here which the court may consider."

The court said, "Submit an application. There is no hindrance in submitting an application. Attach everything there is and come to us with an explanation of how you are aggrieved."

Shishir then said, "This issue is important as it concerns the matter of the ACC's reputation. It is the responsibility of all of us, not just an individual, to protect this reputation."

The court said, "Rather than suo moto, if you come with a writ petition with all the arguments, statements and facts, wouldn't that be better? That would be stronger. If you come up with all the facts and an explanation, it will be easier to understand the matter and take measures accordingly."

The court went on to say to Shishir, "If you feel that you are genuinely aggrieved, come in accordance with the law."

Shishir Monir said, "I will come to the court in accordance with the law."

The ACC lawyer Khurshid Alam Khan said, "So what will the status of that letter be? Rejected?"

The court replied, "It will be returned. Take it back."

Then Shishir Monir said, "There is no problem if it remains with the court. Let it remain with the court."

The court replied, "All right, let it remain with the court."

The deputy attorney general Amin Uddin Manik was present at the hearing.

The 10 lawyers, including Shishir Monir, had submitted the letter, attaching nine reports concerning Sharif that had appeared in the media on 18 and 19 February. The nine other lawyers are Rezwana Ferdous, Jamilur Rahman Khan, Uttam Kumar Banik, Mustafizur Rahman, Md Tarequl Islam, Ahmed Abdullah Khan, Syed Mohammad Raihan, Md Saiful Islam and Mohammad Nawab Ali.

Referring to clause 10 of section 11A of the High Court rules, towards the end of the letter it was stated that in accordance with Article 102 of the constitution, and taking into cognizance the attached media reports, the letter could be considered as a petition for the concerned authorities to be asked to show cause and also for appropriate orders be issued to ensure the security of Sharif Uddin' life.