Code of Conduct
An ordinary offender and a Judge cannot be equated at par while finding them guilty of the charges- The question is whether the conclusion arrived at by the Council in forming the opinion by the President to remove Mr. Syed Shahidur Rahman from the office of a Judge on the ground of gross misconduct was in conformity with the provisions of the constitution. The conclusion of the Council is that the materials on record are sufficient to come to the conclusion that the allegations made against Mr. Syed Shahidur Rahman have substance. It merely disbelieved the receipt of Tk.50,000/- in the absence of corroborative evidence but it has totally believed the entire episode. What more else is required to prove about the misconduct of a sitting Judge of the highest Court by a woman? These findings and observations are sufficient to come to the conclusion that the Judge had not only violated the 'Code of Conduct but also judicial ethics and norms which are sufficient to remove him from the office of a Judge. It is to be borne in mind that in adjudicating a disciplinary proceeding against a Judge of the highest court and holding trial of an offender in a criminal case, one cannot claim similar principle to be followed. For proving an offence against an offender, the prosecution must prove the offence against him beyond reasonable doubt but this doctrine cannot be applicable in respect of a Judge while hearing a disciplinary proceeding for removal of a Judge on the ground of gross misconduct. In the alternative, it may be said that an ordinary offender and a Judge cannot be equated at par while finding them guilty of the charges......Idrisur Rahman (Md.) -VS- Syed Shahidur Rahman, (4 LM (AD) 231]
Code of Conduct:- A Judge's official and personal conduct be free from impropriety A Judge's official and personal conduct be free from impropriety, the same must be in tune with the highest standard of propriety and probity. The standard of conduct is higher than that expected of a layman and also higher than that expected of an advocate. In fact, even his private life must adhere to high standards of probity and propriety, higher than those deemed acceptable for others.. .....Idrisur Rahman (Md.) -VS- Syed Shahidur Rahman, [4 LM (AD) 231]
Code of Conduct: No member of his family, who is a member of the Bar, shall be permitted to use the residence the Judge- No member of his family, who is a member of the Bar, shall be permitted to use the residence in which the Judge actually resides or other facilities for professional work......Idrisur Rahman (Md.) -VS- Syed Shahidur Rahman, [4 LM (AD) 231]
