The Appellate Division of the Supreme Court (SC) on Wednesday upheld a 2004 presidential order that removed an additional High Court judge, Syed Sahidur Rahman, from his office.
A four-member Appellate Division bench headed by Chief Justice Surendra Kuman Sinha passed the order after scrapping a High Court verdict that in 2005 declared illegal the removal order.
The then President Iajuddin Ahmed had removed the additional judge on April 20, 2004 following a recommendation made by the Supreme Judicial Council, which found Shahidur Rahman guilty of gross misconduct.
Later, Sahidur filed a writ petition with the High Court challenging the presidential order. In 2005, after hearing on the petition the HC in a verdict declared the president's order illegal.
After the HC order Shahidur Rahman had filed an application to the Chief Justice to allocate him a bench in the High Court in accordance with the HC order. A three-member Supreme Judicial Council headed by the then Chief Justice had recommended his removal over allegation of bail fixing.
The then Supreme Court Bar Association President Rokon Uddin Mahmud brought the allegation of bail fixing against Sahidur at a lawyer's meeting in October 2003, six months within his appointment as an additional HC judge.
Later, the Supreme Judicial Council inquired the allegation and submitted a report to the then President with a recommendation to remove Sahidur.  As per the recommendation of Supreme Judicial Council, the then President Iajuddin Ahmed removed Shahidur Rahman from his post on April 20, 2004. Idrisur Rahman, who filed the public interest litigation against the HC verdict, said the verdict effectively meant that the President's order removing Rahman stays in force. Dr Kamal Hossain appeared for advocate Idrisur while Sahidur Rahman argued for himself during hearing on the appeal.