CLAT Sample Paper UG-CLAT Mock Test-9 (2020)

  • question_answer
    A former chief justice of Bangladesh, Justice Surendra Kumar Sinha, who had to quit in 2017 under pressure from the Sheikh Hasina Wajed government, is facing arrest on charges of embezzlement. Justice Sinha was Bangladesh’'s first Hindu chief justice and lived in Australia since resigning.
    He has been charged with embezzling 40 million taka in 2016 by the Anti-Corruption Commission (ACC). Judge KM Imrul Kayes of Dhaka'’s Senior Special Judges’ Court took cognisance of the graft charges against him and 10 others. The other accused are former senior officials of Farmers Bank, including its ex-managing director.
    The ACC also quizzed the Bank’'s former head of business Gazi Salauddin, vice-president, Swapan Kumar Roy, former manager (operations), Lutful Haque, credit in-charge, Shafluddin Ahmed, and executive officer, Umme Salma. The ACC has asked the Special Branch of the police to take steps to prevent them from leaving the country.
    Justice Sinha served as the 21st chief justice of Bangladesh from January 2015 to November 2017. He earned the wrath of the Sheikh Hasina government after his autobiography, A Broken Dream: Rule of Law, Human Rights, & Democracy, opened a Pandora’s Box and he was forced to resign following intimidation and threat.
    Justice Sinha'’s book describes the backdrop of his resignation and gives insights into Bangladesh'’s numerous social and political issues, including its evolving state of governance.
    His troubles began after he gave a verdict in 2017 where the Supreme Court annulled the 16th amendment to the Constitution which empowered. Parliament to impeach SC judges for misconduct or incapacity. As it upheld the independence of the judiciary, it miffed Sheikh Hasina, who accused Justice Sinha of "“humiliating"” the country. He was accused of corruption and misuse of power, allegations that he denied.
    Justice Sinha has delivered many important judgments, including one on the killing of Sheikh Mujibur Rahman, the country’s founder, and the validity of the 5th, 7th, and 13th amendments to Bangladesh’'s Constitution.
    In the Mujibur Rahman case, the court sentenced 12 killers of the leader to capital punishment. After his elevation, a five-member bench headed by him in 2016 upheld the death sentence of a top Islamist leader for war crimes during the 1971 independence struggle, paving the way for his execution.
    Later, in October 2017, Justice Sinha left Bangladesh for Australia, calling his leave" “temporary”". A day after his departure, the Supreme Court Issued a statement saying other judges of the Court had decided not to sit on the bench with him over allegations of graft and moral lapses brought to their notice by President Abdul Hamid. The law minister subsequently announced a probe against Justice Sinha.
    In November, Justice Sinha resigned, three months before the completion of his tenure, and he alleged that he was forced to do so because he opposed the country'’s "“undemocratic”" and "“authoritarian"” regime. He has been in exile since.
    In Dhaka'’s legal circles, the move by the ACC is seen as retaliatory action by the government over the book that exposed its various illegal designs. It chronicled the various events that led to his forced resignation.
    There was a series of unprecedented events leading to tension between the executive and the judiciary. On September 22, 2014, the parliament brought in the 16th amendment that deleted the provision regarding removal of judges through an influential committee of peers known as the Supreme Judicial Council. This process was intended to protect judges from political interference. On May 5, 2016, a special bench declared the amendment unconstitutional. Soon after the verdict, MPs blasted the judges and began displaying disrespect for the judiciary.
    What is the aim of the writer in writing this article?      

    A) To highlight the corrupt judiciary in Bangladesh

    B) To highlight events leading up to the resignation of Justice Surendra Kumar Sinha

    C) To highlight the conflict between executive and judiciary in Bangladesh

    D) To highlight the wrath of Sheikh Hasina government.

    Correct Answer: B

    Solution :

    (b) This article is exclusively about Justice Sinha and the events leading up to his resignation, while other Issues are also touched upon but the central focus is the circumstances surrounding Justice Sinha.

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