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Former chief justice ABM Khairul Haque was prosecuted on Sunday for changing the Supreme Court verdict on the caretaker government system.

Supreme Court lawyer Md Muzahidul Islam filed the case with the Shahbagh police station.


The complaint stated that the Appellate Division led by the then chief justice Khairul Haque, in an open court verdict on May 10, 2011 observed that the elections of the 10th and 11th parliament could be held under the caretaker government system.

Justice Khairul Haque, in his written verdict on September 16, 2012 after his retirement, changed the original verdict stating that the caretaker government could only be formed with elected lawmakers, it stated.

It said that Justice Khairul, in the changed verdict, also observed that the parliament would be dissolved in 42 days before the national election and a small cabinet might be formed to carry out routine works until a new cabinet assumed the office.

Justice Khairul committed a crime under Section 219 of Penal Code for delivering the verdict ‘corruptly and maliciously’ which was contrary to the law, said the complaint.

The Section 219 prescribes jail for up to seven years.     

In the petition, this Supreme Court lawyer stated that due to the illegal verdict, the rights of the citizens/voters across the country was violated.

‘As a result of this illegal verdict, former prime minister Sheikh Hasina was able to form the government illegally for three consecutive terms and establish anarchy in the country,’ said the complaint.

Earlier on Sunday, Md Imrul Hasan, a lawyer of Dhaka Bar Association, filed a case on charges of fraud and altering the same judgement.

Dhaka metropolitan magistrate Dilruba Afroze Tithi, however, dismissed the case against former chief justice and recently resigned Law Commission chairman Justice Khairul Haque citing a lack of sufficient grounds to proceed with the charges.

Justice ABM Khairul Haque served as the chief justice from October 1, 2010 to May 17, 2011.

 On July 23, 2013, he was appointed as the chairman of the Law Commission for a three-year term. After that term ended, he was reappointed on several occasions.