Former CJ ABM Khairul faces lawsuit over alleged fraud in constitutional amendment reversal
A week before his retirement in 2013, the former chief justice authored the lead verdict declaring the nonpartisan election-time government "illegal"
A lawsuit has been filed against the former chief justice and recently resigned Law Commission chairman ABM Khairul Haque for his alleged engagement in fraud and forgery to alter the judgment that annulled the 13th amendment concerning the caretaker government.
The lawsuit was filed with a Dhaka court of Metropolitan Magistrate Dilruba Afroze Tithi by lawyer Imrul Hasan today (18 August).
After recording the plaintiff's statement, the court had retained the order for a decision, Imrul told the media.
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On 13 August, Justice ABM Khairul Haque resigned from the position of chairman of the Law Commission.
After retiring from the position of chief justice, he was appointed the Law Commission chairman for three years on 23 July 2013 by the government.
His tenure was subsequently extended three times as the chairman of the commission.
Justice Khairul Haque was elevated to the Appellate Division in July 2009.
In September of 2010, Hasina government appointed him as the head of the judiciary, superseding two senior judges – Justice MA Matin and Justice Shah Abu Nayeem Mominur Rahman.
His age, however, was not in his favour. By next May, he had reached the retirement age.
But within this short window, Haque scripted one of the most important chapters of what was to come.
A week before his retirement, Justice Haque authored the lead verdict declaring the nonpartisan election time government "illegal", ignoring strong pleas by eminent jurists such as Dr Kamal Hossain, Barrister Rafique-ul Huq, Barrister M Amir-ul Islam, former attorney and general Mahmudul Islam, all of whom strongly argued for retaining the interim government system for the sake of country's nascent democracy.
Even three of the judges of the Appellate Division Justice Haque was leading did not consent to declaring the system "illegal", giving dissenting verdicts. Three other judges, however, agreed with him, ensuring a stalemate.
Justice Haque, then, cast the decisive vote. The non-partisan caretaker government was declared "illegal."
His verdict gave Hasina the biggest political weapon to cling to power. The end of the caretaker system meant an end to the mechanism of checks and balances which ensured free and fair elections in 1991, 1996, 2001 and 2008.
