May 20, 2013 | 02:20 PM (BD Time)
20 May, 2013 Monday
Upholding principle of natural justice
SK Sinha J
MA Wahhab Miah J
Syed Mahmud Hossain J
Md Imman Ali J
Md Shamsul Huda J
Jesmin Anwar ………..
Order March 4th, 2012.
State and anothers ……….
Principle of Natural Justice
High Court Division made adverse remark against the petitioner without affording her any opportunity to explain her position. Adverse remarks are required to be expunged for ends of justice. .. .... (4)
Md Khurshid Alam Khan, Advocate, instructed by Md Zahirul Islam, Advocate-on- Rocord-For the petitioner.
B Hossain Advocate-on-Record-For the Respondent No. I.
Not represented-Respondent No. 2
The delay in filing the petition for leave to appeal is condoned.
2. The petitioner preferred this petition against the judgment and Order dated 25th March, 2010 passed by the High Court Division in Criminal Appeal No. 190 of 2005, so far as it relates to the observations and directions made relating to the petitioner.
3. We have heard the learned Counsel and perused the judgment and order passed by the High Court Division.
4. Upon hearing the learned Counsel, we are of the view that the High Court Division made adverse remark against the petitioner without affording her any opportunity to explain her position. In view of the above, adverse remarks are required to be expunged for ends of justice, Thus, the observations and remarks made by the High Court Division in the operating part of the judgment such as "we hereby directed the Ministry of Law, . Justice and Parliamentary Affairs, Government of Bangladesh, Secretariat, Dhaka to take appropriate . measures in accordance with law for withdrawal of the Sessions Power of the Judge in question, namely Jesmin Anwar, if the concerned Judge is still in service.
Let a copy of the order be sent to the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh and the Registrar Supreme Court of Bangladesh for information and immediate action.
Let a copy of this judgment be retained in the dossier of the concerned Judge with particular reference thereof in her Service Book" are hereby expunged.
5. The Leave Petition is accordingly, disposed of with the above observations and expunction.
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