SC clears way for Zahirul Haque as law secretary
The Supreme Court yesterday cleared the way for Abu Saleh Sheikh Mohammad (ASSM) Zahirul Haque to discharge duties as secretary to the law and justice division of the Ministry of Law, Justice and Parliamentary Affairs.
The clearance came hours after a High Court ordered staying for three months his contractual appointment as secretary to the law and justice division.
Chamber judge of the Appellate Division Justice Syed Mahmud Hossain halted for eight weeks the HC order. The judge passed the order following a petition filed by the government seeking a stay on the HC order.
Earlier in the day, the HC bench of Justice Syed Muhammad Dastagir Husain and Justice Ataur Rahman Khan passed the order after hearing a petition filed by Supreme Court lawyer Advocate Ashraf-uz Zaman challenging the legality of the appointment of Zahirul Haque.
Ashraf-uz Zaman in his petition said the post of secretary to the law and justice division is an office of the judicial service and a judicial official will be appointed to that post.
ASSM Zahirul Haque is no more a judicial officer as he has retired, he said, adding, the government made the appointment of Zahirul without consulting with the SC.
Later, the government filed the petition.
Zahirul Haque was reappointed as secretary to the division on August 6 for two years on a contractual basis under a condition of cancellation of his leave preparatory retirement with the approval of the president.
Two days after his appointment, the High Court questioned the legality of the appointment and issued a rule asking the government to explain why its decision to appoint him to the post on contractual basis should not be declared illegal.
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