IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Suo Motu Rule No. 3 of 2024

AND

IN THE MATTER OF:

The State

….Contempt-Petitioner Versus

Mr. Hasan Shahid Ferdous, Ex-District and Sessions Judge, Rangpur, now at 290/2/1-A, Khilgaon, Dhaka and others

….Contemnor-Respondents

Ms. Nasima K. Hakim, DAG with Mr. Md. Hafizur Rahman, AAG, Mr. Md. Ali Akbor Khan, AAG,

Mr. Elin Imon Saha, AAG and

Mr. Ziaul Hakim, AAG

....For the State

Mr. Abul Quasem Md. Mostafa, Advocate

....For the Contemnor-respondent Nos. 1 and 4

Mr. Md. Oziullah, Advocate with

Mr. Azimuddin Patwary, Advocate

….For the Contemnor-respondent No. 7

Present:

Mr. Justice Md. Iqbal Kabir

And

Mr. Justice Md. Akhtaruzzaman

Judgment on 30.07. 2024.

Md. Iqbal Kabir, J:

By an office note of the Hon’ble Chief Justice of Bangladesh this matter has been placed before this Bench. On perusal, it appears that one Mr. Md. Moynul Haque, Additional District and Sessions Judge, 1st Court, Rangpur during his service tenure therein from 04.09.2012 to 01.09.2014 delivered judgments of 259 cases/suits/appeals/revisions in open Court, but did not write up the judgments. Subsequently, on 01.09.2014, he was attached to the Law and Justice Division in the Ministry of Law, Justice and Parliamentary Affairs. Later on, he died but till to date, those judgments are not written and no steps to that effect have been taken by the concerned District Judge(s).

During the tenure, Mr. Hasan Shahid Ferdous was the District and Sessions Judge of Rangpur. He acted in Rangpur judgeship from 25.09.2011 to 04.10.2014. Thereafter, Mr. Md. Manjurul Basit was the District and Sessions Judge from 20.01.2015 to 12.07.2016; Mr. Humayun Kabir was the District and Sessions Judge from 18.07.2016 to 25.02.2018; Mr. ABM Nizamul Haque was the District and Sessions Judge from 04.03.2018 to 30.01.2019; Ms. Rasheda Sultana was the District and Sessions Judge from 31.03.2019 to 06.02.2020; Mr. Md. Shahenoor was the District and Sessions Judge from 28.05.2020 to 17.02.2022 and Mr. Md. Shahidul Islam was the District and Sessions Judge from 24.04.2022 to 31.12.2023. But none of the aforesaid District and Sessions Judges took any steps to write up the judgments of those cases delivered by Mr. Md. Moynul Haque.

At this juncture, this Court issued the Suo Motu Rule thereby directing the above-named District and Sessions Judges to explain their position in not taking appropriate steps for writing up the judgments of the aforementioned cases left by Mr. Md. Moynul Haque, the then Additional District and Sessions Judge, Rangpur within a certain period to the Registrar General of this Court.

Notices have been served upon the respondents. Thereafter, Respondent Nos. 1, 4 and 7 entered their appearance through their engaged Counsels. The other respondents made their reply through the Registrar General.

From the reply, it appears that none of the aforesaid District and Sessions Judges took any steps to write up the judgments of those cases delivered by Mr. Md. Moynul Haque since it was not brought to their knowledge from any quarters. It is further mentioned that at the time of his departure from Rangpur on 01.09.2014 Mr. Moynul Haque did not submit any statement as per ‘Note’ annexed to Rule 141 of Chapter 9 of Civil Rules and Orders Vol. 1, as such, respondents were not aware of the facts that the aforesaid Additional District and Sessions Judge had left the station without writing up those judgments.

Respondent No.1 claims that at the relevant time being the head of the judiciary in Rangpur district ought to have looked into the matter. Had the matter been brought to the notice of this respondent either by the Bar or any quarters or from the concerned Court, this respondent certainly would have taken appropriate legal steps for writing up those judgments. However, he begs uncon