No confidence in HC bench. Says Yunus's Counsel

[Md Akmal]

Nobel laureate Muhammad Yunus' counsels yesterday expressed no confidence in a High Court bench during a hearing of the microfinance guru's writ petition challenging the legality of a central bank order that "removed" him from the post of Grameen Bank's managing director.

The expression of no confidence was prompted by the court's delay to issue a rule upon the government and Bangladesh Bank to explain why their decision to "remove" Yunus should not be declared illegal.

The court was hearing the petition for the third day yesterday without issuing any rule.At the conclusion of yesterday's hearing, the bench however scheduled 2:00pm today for delivering an order on the petition.
Counsels for Dr Yunus, and the attorney general placed submissions before the HC bench of Justice Momtaz Uddin Ahmed and Justice Gobinda Chandra Tagore.

"We apprehend that Dr Muhammad Yunus will not get justice from you, since you are holding hearing on his petition for so long without issuing any rule," said Barrister Rokanuddin Mahmud, one of the counsels for the Nobel laureate. He said they are apprehending that the petition will be rejected.

"We have come to you for something. If you don't give us anything, then just reject the petition, and we will leave," Rokanuddin said, adding that there is no scope for holding such a long hearing before issuing the rule.

He said it is a matter of few minutes for the HC to issue a rule following a writ petition.This is an important matter, and 16 crore people of Bangladesh, and even people of foreign countries have been waiting to know its result, he added.In reply Justice Momtaz Uddin Ahmed said, "We will also be deprived of justice, if you leave."The bench said it did not reach a decision on the petition yet.Dr Muhammad Yunus was present in the courtroom during the submission by Rokanuddin Mahmud.The bench started the hearing at 2:20pm with Rokanuddin's submission.

Rokan asked the bench why it thinks his client was awarded the Nobel Prize, if his posting as the MD of Grameen Bank was illegal.

"Was he awarded the Nobel Prize to legalise his illegal acts? Why Bangladesh Bank maintained relationship with Dr Yunus and his Grameen Bank for so long, if holding of the office by him was illegal?" Rokan questioned again, adding that the whole nation wants to know the answers.Rokan said the board of directors of Grameen decided in 1999 and again in 2009 that Yunus, who is the founder of the institution, may hold the office of the MD as long as he wishes.

Bangladesh Bank was informed about the matter several times through its regular audit reports, but it did not raise any question back then. Bangladesh Bank issued the notice to "remove" Yunus without issuing any prior show-cause notice, and without giving him scope to defend himself, which is illegal, Rokan noted. Attorney General Mahbubey Alam opposed the writ petition, saying the decision of the Grameen board of directors that Yunus may hold the office of MD as long as he wishes was mala fide.

Grameen Bank was established as per the Grameen Bank Ordinance 1983, and according to its Section-36, the retirement age of its officials is 60. This provision is applicable to Yunus as well, he argued. The attorney general said Yunus is now around 70, so he cannot hold the office of the managing director.

Barrister Sara Hossain and Barrister Mustafizur Rahman assisted Rokanuddin Mahmud, while Additional Attorney General Murad Reza, Deputy Attorney General Karunamoy Chakma, and assistant attorneys general Ekramul Haque Tutul and Khandker Diliruzzaman assisted Mahbubey Alam.

 

[Md Akmal]

Yunus appeals to the people

Prof Muhammad Yunus yesterday expressed hope that the High Court would thoroughly examine the legality of Bangladesh Bank's claim that his appointment as the managing director of Grameen Bank was invalid.The Nobel laureate's appeal came in a written statement as the microcredit pioneer fights in court the government's attempt to remove him from Grameen he founded three decades ago. Yunus sought cooperation from people to create a congenial atmosphere for a smooth transition of Grameen's management leadership from him to the next managing director.

Despite yearly audits by the central bank, a question surfaced over his appointment after 12 years, he said. “Only once in 1999, Bangladesh Bank raised an objection during its annual audit and Grameen Bank responded with a satisfactory answer. No further questions have ever been raised.” The Nobel laureate said nine borrowers of Grameen Bank, elected at grassroots level, have been performing their duties efficiently as directors of the board.“They reflect the voices of 83 lakh shareholders. On Thursday, those nine members came all the way from their villages to file their own petition, placing the hopes and trust of families of Grameen Bank (of almost four crore people) in the honourable court,” he said. The 2006 Nobel Peace Prize Winner said the Grameen directors appointed him as managing director with permission from Bangladesh Bank and, unanimously, decided that no age limit would be applicable to the managing director."I have dedicated my entire life to the cause of overcoming poverty for the people of Bangladesh. My thoughts are for the welfare of borrowers and employees of Grameen Bank. I have always dreamt of changing the lives of the people of Bangladesh, especially of the youth,” Yunus said.

He hoped Grameen would carry into the future the legacy of his efforts for the country and its people. "I firmly believe that Grameen Bank will continue to work for the empowerment of women, as it has been doing for the last 34 years." “To ensure this, there should be a smooth transition of management leadership from me to the next managing director in a congenial environment. I am continuing my effort. And I will continue to advocate for it until I am fully assured that we have the friendly support we need from all stakeholders of the Bank.”In an impassioned appeal to all Bangladeshis, Yunus said: “I will need the help of all Bangladeshi people to achieve this. I urge everyone to support the cause of smooth and joyful transition in Grameen Bank.” Yunus urged people to respect and uphold the law that has helped build Grameen Bank into what it is now -- a unique, globally celebrated organisation and a Nobel winner.

“Let us work together for taking Grameen Bank to a new level of achievements with confidence. This is my appeal to all of you.”

 

[Md Akmal]

@ A report of Los Angeles Times said that Dr. Yunus became victim of jealousy. He was too popular and some one in the country could not tolerate that so that person wanted to bring Dr. Yunus to disrepute even at the cost of millions of people of Bangladesh. The question now is not the position of Dr. Yunus; it is the future of millions of poor people who borrowed money from Grameen Bank. Their future is uncertain. Nobody knows what will happen to them. If Dr. Yunus is removed from the office, the bank will not remain same as before. People had developed a relationship of trust with the Grameen Bank and Dr. Yunus

@ It's a great shame for as Bangladeshi that we still do not learn to respect a respective person. I don't know when the attitude of our people and government will be changed.

@ Grameen Bank and other Grameen initiatives have definitely changed the life and living of rural masses of Bangladesh more particularly of the suppressed and oppressed village women. Our politicians make so many process and soon as voted to power they forget all promises and indulge in self seeking. But Grameen initiatives of Prof Yunus changed the fate of poor people.

@ It is true no one remains indispensable for anything for ever. Prof Yunus will also do it better if he hands over his responsibility on worthy predecessor.
So long he will be involved as MD of Grameen Bank no one will grow. Why not he selects someone through Grameen board of directors and guided him as mentor. Bangladesh Bank and Government have no role in selecting MD Grameen. Let law prevail on it sown.

 

[Md Akmal]

@ Grameen Bank is not a scheduled bank. As such BB's interference in the Board of Director's decision is questionable. The people are always with the Nobel laureate. The creator should not be separated from his creation for the sake of pragmatic steps in poverty alleviation

 

[fallstuff]

The dog and pony show just gave the verdict. Interestingly Dr. Kamal Hosain, counsel for Dr. Yunus earlier mentioned he has no confidence in the court. Its an irony that Dr Kamal Hoasain wrote the constitution of the country in 1972.

 

[desioptimist]

The best course of action is to accept the verdict and go to the supreme court.
Why go to high court if you dont have confidence? Do you mean judges are right only if they give verdict in favour of you?
Why appeal to people, you are not politician, are you?

 

[saleen_s7]

The best course of action is to accept the verdict and go to the supreme court.
Why go to high court if you dont have confidence? Do you mean judges are right only if they give verdict in favour of you?
Why appeal to people, you are not politician, are you?

So you reckon the trial is free and fair? I hope you see the flaw in your statement. Wait till the next time, we come to power and we will use the same logic against your syndicates situated in our country.

 

[desioptimist]

So you reckon the trial is free and fair? I hope you see the flaw in your statement. Wait till the next time, we come to power and we will use the same logic against your syndicates situated in our country.

I am not sure trial is free and fair or not. But going to high court and then saying you dont have confidence on it makes you look opportunistic.
If you thought high court is biased, why did you go there in the first place.
As I said, as any gentleman will do, accept the verdict, and then as you are convinced that your are right, go to next higher court.
Appeal to people using "martyr" card suits politicians, not Yunus. But may be I am wrong about him.

Now my question to you, if he has won, and the opposite party said the same about high court, what will be your reaction on that?

 

[saleen_s7]

Yunus had to go to the court because he knows he is right. Not going the court would indicate that he is guilty. And if he won and BNP said the same thing about the court, I would accuse BNP of trying to take political advantage.
Even few months ago, when BNP accused India of conspiracy to overthrow khaleda zia out of our her house, we all agreed that BNP is trying to gain political advantage.

 

[desioptimist]

Yunus had to go to the court because he knows he is right. Not going the court would indicate that he is guilty. And if he won and BNP said the same thing about the court, I would accuse BNP of trying to take political advantage.
Even few months ago, when BNP accused India of conspiracy to overthrow khaleda zia out of our her house, we all agreed that BNP is trying to gain political advantage.

Sorry for not writing properly, what I meant by Opposite party was the people who are against him in the court. Now if he had won and people who are opposing him said they dont have confidence on court, (that too after the adverse verdict against them), you will surely say, they are opportunistic.
I am sure, you think Younus has been wrongly sacked. I am not trying to dispute that. I am only pointing out the reaction to the adverse verdict is improper.

 

[idune]

Long before Yunus verdict Awami regime turned Bangladesh justice system to kangaroo court. Here is the thread with many evidence. And not so long ago TIB validated that justice system is most corrupted.


http://www.defence.pk/forums/bangla...adesh-justice-system-into-kangaroo-court.html

 

[desioptimist]

Long before Yunus verdict Awami regime turned Bangladesh justice system to kangaroo court. Here is the thread with many evidence. And not so long ago TIB validated that justice system is most corrupted.


http://www.defence.pk/forums/bangla...adesh-justice-system-into-kangaroo-court.html

Well then, if you know it is kangaroo court why go there. Just to prove yourself "martyr" and that courts are biased?
If going to people was in his mind, he could have gone to people directly. Why this farce.
All I can see is, AL playing its politics, and Yunus playing his.

Wait for few years, the same people who support him now will call him bharati/US dalal.

 

[saleen_s7]

Well then, if you know it is kangaroo court why go there. Just to prove yourself "martyr" and that courts are biased?
If going to people was in his mind, he could have gone to people directly. Why this farce.
All I can see is, AL playing its politics, and Yunus playing his.

Wait for few years, the same people who support him now will call him bharati/US dalal.

Well, just few weeks ago, When TIB has officially declared the the judiciary and the police force as most corrupt, they have been issued an arrest warrant. Thats how credible our judicary is.
Matter of fact, many of BNP and jamaat does not appreciate Yunus but most of us here do. Yunus won the noble peace prize during the BNP regime if im not wrong and everyone congratulated him. Few days ago when bdnews ran an article about yunus, Sheikh hasina knowing half of what actually happened bashed Yunus in front of the media based on one not very reliable news source. How credible do you think will the verdict be?

 

[Al-zakir]

Yunus ouster illegal, says Khaleda


Wed, Mar 9th, 2011 3:04 am BdST

Dial 2000 from your GP mobile for latest news
Dhaka, Mar 8 (bdnews24.com) – BNP chairperson Khaleda Zia has said Nobel laureate Muhammad Yunus has been illegally removed from his post in Grameen Bank.

Her comment came immediately after the High Court on Tuesday rejected his petition challenging a Mar 2 central bank order that had fired him as the managing director of the Grameen Bank.

"This government is an illegitimate government itself. They don't know how to honour a deserving person. Mr Yunus might be aggrieved and distressed by the court order," she told a views exchange meeting in the city.

The former prime minister and BNP chief said they would give due honour to the deserving and distinguished people once they get back to power.

Claiming that the judiciary was under the control of the government, Khaleda said justice could not be secured now from the High Court or Supreme Court.

The bench of justices Muhammed Mamtaz Uddin Ahmed and Gobinda Chandra Tagore rejected two writ petitions challenging the legality of the central bank order relieving Yunus of his duties.

The central bank said Yunus failed to seek its approval when he was reappointed as the managing director in 1999, violating one of the statutes of the partly state-owned Grameen Bank.

Nine of the 12 directors of the microfinance organisation also appealed to the same bench challenging Yunus' removal.

Jatiyatabadi Mohila Dal, women's front of BNP, organised the views exchange meeting on the occasion of the International Women's Day on Tuesday.

Commending the contribution of Yunus to women's empowerment, she wondered, "Such a person has been removed from Grameen Bank."

Commenting that prime minister Sheikh Hasina was interested in winning the Noble prize, Khaleda said, "Our prime minister can, of course, win the Noble prize for oppression of the opposition and women, misrule, undemocratic attitude, corruption and making Dhaka city inhabitable."

Coming down heavily on the government, she said, "This government is also illegitimate like the Fakhruddin-Moeen government, and the election held under the illegitimate government was also illegal."

Awami League formed government after winning the election held on Jan 29, 2008 by army-installed caretaker government led by Fakhruddin Ahmed. Moeen U Ahmed was the army chief that time.

The BNP chief said they would declare illegal the activities of the present government when they would come to power.

She called upon the women to come out of their houses. "The state cannot run this way. We've to be stand against the misdeeds and injustice."

Khaleda hailed the role of womenfolk in the recent mass protest in Egypt.

bdnews24.com/sm/ha/ssr/nir/2230h

 

[Gonjo]

BNP should raise their voice loudly supporting dr. yunis, this action is really much needed. Jealous govt, has no point of doing this kind of whatever they like.