Surendra Kumar Sinha
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Surendra Kumar Sinha (born 1 February 1951), commonly known as SK Sinha is a Bangladeshi lawyer and jurist who served as the 21st
Chief Justice of Bangladesh The chief justice of Bangladesh ( bn, বাংলাদেশের প্রধান বিচারপতি — ) is the chief amongst the judges of the Supreme Court of Bangladesh, and also head of the whole judicial establishments, includ ...
. He resigned from the position in November 2017 amid the 16th amendment verdict controversy.


Early life and education

Sinha was born in a
Kshatriya Kshatriya ( hi, क्षत्रिय) (from Sanskrit ''kṣatra'', "rule, authority") is one of the four varna (social orders) of Hindu society, associated with warrior aristocracy. The Sanskrit term ''kṣatriyaḥ'' is used in the con ...
Family in the present-day Tilakpur village in Kamalganj,
Moulvibazar District Moulvibazar ( bn, মৌলভীবাজার) also spelled Maulvibazar, Moulavibazar, and Maulavibazar, (former South Sylhet) is the southeastern district of Sylhet Division in northeastern Bangladesh, named after the town of Moulvibazar. It i ...
in 1951 to
Bishnupriya Manipuri Bishnupriya Manipuri, also known as simply Bishnupriya, is an Indo-Aryan language belonging to the Bengali–Assamese languages, Bengali–Assamese linguistic sub-branch. It is a creole language, creole of Bengali language and Meitei languag ...
parents, Lalit Mohan Sinha and Dhanabati Sinha. He obtained his
bachelor of laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
degree in 1974 from the Sylhet Law College.


Career

Sinha enrolled as an advocate of the District Court, Sylhet in 1974 and practiced in that court under the guidance of two civil and criminal lawyers and conducted sessions trial cases independently till the end of 1977. He obtained the permission to practice before the High Court Division and Appellate Division of the
Supreme Court of Bangladesh The Supreme Court of Bangladesh ( bn, বাংলাদেশ সুপ্রীম কোর্ট) is the highest court of law in Bangladesh. It is composed of the High Court Division and the Appellate Division, and was created by Part VI C ...
in 1978 and 1990 respectively. Sinha was elevated as a judge of the High Court Division on 24 October 1999. On 16 July 2009 he was appointed judge of the appellate division of the Supreme Court of Bangladesh. He assumed the office of the chairman of the
Bangladesh Judicial Service Commission Bangladesh Judicial Service Commission is a government commission that is responsible for the recruitment and examination of judges in Bangladesh and is located in Dhaka, Bangladesh Bangladesh (}, ), officially the People's Republic of ...
in June 2011 and the office of the
Chief Justice of Bangladesh The chief justice of Bangladesh ( bn, বাংলাদেশের প্রধান বিচারপতি — ) is the chief amongst the judges of the Supreme Court of Bangladesh, and also head of the whole judicial establishments, includ ...
on 17 January 2015. Sinha attended several conferences regarding judicial affairs. Sinha is known for a number of high-profile judgments including those on the killing of former President
Sheikh Mujibur Rahman Sheikh Mujibur Rahman ( bn, শেখ মুজিবুর রহমান; 17 March 1920 – 15 August 1975), often shortened as Sheikh Mujib or Mujib and widely known as Bangabandhu (meaning ''Friend of Bengal''), was a Bengalis, Beng ...
and the 5th and 13th amendments to the
Constitution of Bangladesh The Constitution of Bangladesh ( bn, বাংলাদেশের সংবিধান — ), officially the Constitution of the People's Republic of Bangladesh ( bn, গণপ্রজাতন্ত্রী বাংলাদেশের ...
.


The 16th amendment verdict

The 16th amendment of the constitution of Bangladesh was passed by the parliament on 17 September 2014 which would give power to
Jatiya Sangsad The Jatiya Sangsad ( bn, জাতীয় সংসদ, lit=National Parliament, translit=Jatiyô Sôngsôd), often referred to simply as the ''Sangsad'' or JS and also known as the House of the Nation, is the supreme legislative body of ...
to remove judges if allegations of incapability or misconduct against them are proved. On 5 May 2016, a special High Court bench declared the amendment illegal and unconstitutional. On 4 January 2017, the government challenged the verdict by filing an appeal with the appellate division and on 3 July, a seven-member Supreme Court bench headed by Sinha unanimously rejected the appeal upholding the High Court verdict. Following the full verdict release on 1 August, the prime minister and senior ministers publicly criticized Sinha for the decision. The Jatiya Sangsad on September 13 passed a resolution calling for legal steps to nullify the Supreme Court verdict.


Fallout

Sinha went on one month's leave since 3 October 2017 and traveled to Australia on 13 October. Justice
Md. Abdul Wahhab Miah Abdul Wahhab Miya (born 11 November 1951) is a Bangladeshi jurist. He was appointed as acting Chief Justice of Bangladesh when former Chief Justice Surendra Kumar Sinha left. Career Miya was listed as a High Court Division judge in 1976. Justice ...
was appointed to discharge the duties of the chief justice in the absence of Sinha. Earlier, law minister Anisul Huq said Sinha went on the leave for treatment as he was suffering from cancer. Sinha later rejected this claim.
Bangladesh National Party The Bangladesh Nationalist Party ( bn, বাংলাদেশ জাতীয়তাবাদী দল, Bangladesh Jātīyotābādī Dol; BNP) is a centre-right to right-wing nationalist, political party in Bangladesh and one of the majo ...
spokesperson alleged Sinha was forced to leave. On 14 October, a day after Sinha left the country, the Supreme Court released a statement citing 11 charges against him including money laundering, financial irregularities, corruption and moral turpitude. According to the statement, on 30 September, President
Abdul Hamid ʻAbd al-Ḥamīd (ALA-LC romanization of ar, عبد الحميد) is a Muslim male given name, and in modern usage, surname. It is built from the Arabic words '' ʻabd'' and ''al-Ḥamīd'', one of the names of God in the Qur'an, which gave rise t ...
handed over documentary evidence over those allegations to four other appellate division justices. It added, upon meeting with those justices, Sinha submitted his application to the president on 2 October for one month's leave. On 10 November, he flew to Canada when his 39-day leave expired. A day later, he sent his resignation letter to President Hamid. Sinha was scheduled to retire on 31 January 2018. On 10 July 2019, the Anti-Corruption Commission sued Sinha and 10 others on the charge of misappropriating and laundering about Tk 4 crore from the Farmers Bank in 2016. A day later, Sinha rejected the allegations against him but said he would not defend himself in court, he had committed no wrong and that
Sheikh Hasina Sheikh Hasina Wazed (''née'' Sheikh Hasina ; ; bn, শেখ হাসিনা ওয়াজেদ, Shēkh Hasinā, , born 28 September 1947) is a Bangladeshi politician who has served as the Prime Minister of Bangladesh, Prime Minister ...
’s government had been misusing the law. According to a Canadian online news portal, The Star, Sinha crossed into Canada through
Fort Erie Fort Erie is a town on the Niagara River in the Niagara Region, Ontario, Canada. It is directly across the river from Buffalo, New York, and is the site of Old Fort Erie which played a prominent role in the War of 1812. Fort Erie is one of Ni ...
from the United States on 4 July and filed a refugee claim. On 6 January 2020, Judge KM Emrul Kayesh of the Senior Special Judge’s Court of Dhaka issued arrest warrants against Sinha and 10 others as they have been shown fugitives in the charge-sheets. On 31 March 2022, ACC filed a case against Sinha and his brother, Ananta Kumar Sinha, over allegations of illegal earning and money laundering of $280,000.


Personal life

Sinha is married to Sushama Sinha. Currently they are living in US.


Biography

Sinha published his autobiography ''A Broken Dream: Rule of Law, Human Rights and Democracy'' on 19 September 2018. In the book, he gave first-hand accounts of government agencies intimidating the judges to serve verdicts in favour of the government, ruled by
Awami League In Urdu language, Awami is the adjectival form for '' Awam'', the Urdu language word for common people. The adjective appears in the following proper names: *Awami Colony, a neighbourhood of Landhi Town in Karachi, Sindh, Pakistan *Awami Front, wa ...
. In a sensational revelation, he alleged that the country's military intelligence agency
Directorate General of Forces Intelligence The Directorate General of Forces Intelligence ( bn, প্রতিরক্ষা গোয়েন্দা মহাপরিদপ্তর), commonly known as DGFI, is the military intelligence agency of the Bangladesh Armed Forces, tas ...
(DGFI), forced him to leave the country and offer the resignation. DGFI spokesperson
Brigadier general Brigadier general or Brigade general is a military rank used in many countries. It is the lowest ranking general officer in some countries. The rank is usually above a colonel, and below a major general or divisional general. When appointed ...
Tanveer Mazhar Siddique, later denied the allegation saying, "DGFI never threatens any person or does anything like this".


References

{{DEFAULTSORT:Sinha, Surendra Kumar Living people 1951 births People from Kamalganj Upazila University of Chittagong alumni 20th-century Bangladeshi lawyers Bangladeshi Hindus Supreme Court of Bangladesh justices Chief justices of Bangladesh Bishnupriya Manipuri people 21st-century Bangladeshi judges