Resist ABM Khairul Haque’s ICC appointment
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Former Justice of Bangladesh ABM Khairul Haque has been nominated by Bangladesh govt as a candidate for a position as judge of International Criminal Court ( ICC ) . However , its publicly accepted that Mr Khairul Haque is a controversial figure in Bangladesh judicial system . It is stabilised that he received money from the ruling PM of Sheikh Hasina for giving a pro govt judgment .
He was the chief justice of Bangladesh but he demolish the judiciary system of Bangladesh. As a chief justice he had oath to work as a non political , unbiased and high moral standard judge. But he worked for Bangladesh Awamy League (BAL) which is currently ruling the People’s Republic of Bangladesh since 2009. Mr Khairul Haque initiated to cancel care taker government by a controversial judgement .
The constitution of Bangladesh is rigid but in recent time, unexpected changes are taking place in constitution in favour of the ruling political party. Close friend of BAL Justice ABM Khairul Haque, established a shameless example to use the highest court of Bangladesh arbitrarily and to make amendments of constitution to gain different political purposes.
As a result the ruling political party got the chance to execute an undemocratic, biased and deceptive election. This alteration of constitution was the first step of fascist government in Bangladesh and a shameless example to use Supreme Court Judges as political purpose.
He was appointed as chairman of the Law Commission in 2013 and 2014. On that time he recommended to the parliamentary standing committee on the law ministry for restoring the Parliament’s power to remove SC judges by scrapping the Supreme Judicial Council. The SC unanimously scrapped the sixteenth constitutional amendment as it found the change.
Moreover, Justice Khairul Haque mostly criticised for cancellation of fifth amendment of constitution (Moon cinema hall case). In this case he challenged the regime of most popular former president Ziaur Rahman.
Another controversy he created by declaring Sheikh Mujibur Rahman "the announcer of independence " of Bangladesh instead of Ziaur Rahman by a writ petition lodged to him. This is completely a political and historical issue and cannot be concern of the High Court. Justice Khairul Haque gave a constitutional validity to Sheikh Mujibur Rahman as the "announcer of independence”.
He was given 10 hundred thousands taka ( 10 thousands dollar ) from ''Prime Minister's aid fund " immediate after this declaration. He dismissed leave to appeal of Khaleda Zia’s ( 3 times PM of Bangladesh ) Cantonment house case while he was in appellate Division.
The Equal Rights International ( ERI ) urges the international lawyers, human rights groups, and jurists to demand removal of ABM Khairul Haque’s nomination. The ICC deserves judges having higher moral and ethical standards to administer justice to the victims of international crimes. Fulfilling the geographical vacancy must not be an excuse for the ASP in appointing a candidate with manifest disqualifications of very serious nature.
Note : The International Criminal Court (ICC) is about to appoint six new judges for the 9 years tenure of six of 18 judges ends of 2021. The appointment of the nominated candidates will be affirmed in a process of election at the 19th session of the Assembly of the State Parties( ASP) between 7th and 17th December this year in New York.
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