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The ACC complaint states that Haque earned huge amounts of money through corruption as a government adviser, a judge of the Supreme Court, and the head of various probe commissions after his retirement from the judicial service.
The Bangladeshi media has published a series of reports on this matter, quoting different officials related to the investigation into the money and property of Justice Haque, who reportedly had assets far beyond the legitimate income of a Supreme Court judge, even before joining the caretaker government. According to the reports, investigators were astounded at the total assets held by Haque's family members and relatives.
According to practicing lawyers and media professionals, Haque was one of the most corrupt judges in the Supreme Court. However, they say, there are similar judges still in office. No one can criticize these judges, though, for fear of prosecution for contempt of court. Journalists are afraid of writing about sitting judges, as media professionals have been charged with contempt of court in the recent past.
The exposure of the alleged corruption of such a high court official as Haque raises serious questions about the judiciary -- its quality, credibility and ethical standards. Needless to say, this situation sends all the wrong messages to the lower judiciary. Surprisingly, government policymakers have not considered this a serious issue until now. They have ignored the absence of monitoring and controlling mechanisms to combat unethical and corrupt practices within the judiciary.
The discovery of corruption at this level raises questions about the recruitment procedures of the judiciary and the process of advancement within the institution. How does one come to be appointed a permanent judge or promoted from the High Court Division to the Appellate Division? It appears that judges like Haque are not ashamed to disregard the oath they take before assuming office, in which they promise to be faithful to the law of the land.
What are the reasons behind such shameless, immoral, unethical and unlawful practices -- are judges poorly paid? What type of training and what motivation leads judges in Bangladesh to be involved in corrupt activities throughout their careers? What do they expect to achieve in their lives? Why can't they control their greed? The nation has the right to ask all these questions.
Another issue that deserves consideration is whether such corrupt practices should be deemed the derailing of an individual, the failure of an institution, or a serious error of judgment on the part of the nation's policymakers. Doesn't the judiciary require a credible check-and-balance system to ensure its accountability and prevent offences within it? Should there not be a mechanism to prevent judges from abusing concepts like "contempt of court" to fend off accusations against themselves?
The case of Fazlul Haque has exposed the dark side of Bangladesh's judicial system. When a country's judiciary is incapable of delivering justice and is overwhelmed with corruption -- with the involvement of judges as well as lawyers and subordinate staff -- the people are left with no institution to protect their rights.
Bangladesh's judicial system needs thorough reform, as do other agencies concerning the rule of law. The government, the judiciary itself, and all related professionals should decide immediately whether they are going to continue living in an unjust society that allows corruption to proliferate, or find a way to purify and reform the system.
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(Rater Zonaki is the pseudonym of a human rights defender based in Hong Kong working at the Asian Human Rights Commission. He is a Bangladeshi national with a degree in literature from a university in Dhaka. He began his career as a journalist in 1990 and engaged in human rights activism at the grassroots level in his country for more than a decade. He also worked as an editor for publications on human rights and socio-cultural issues and contributed to other similar publications.)
