CJ to be appointed soon
Law Minister Anisul Huq yesterday hoped that a new chief justice will be appointed soon, although he has no specific information in this regard.
“Under article 95 of the constitution, the president is the sole authority to appoint the chief justice. I don't know when he will appoint a new chief justice. I hope that the chief justice will be appointed very soon. I cannot say more than this,” he said.
The minister was talking to reporters after attending as the chief guest the inauguration of a training programme for the government pleaders and public prosecutors at Judicial Administration Training Institute in Dhaka.
The post of chief justice has been lying vacant after the then chief justice Surendra Kumar Sinha resigned on November 10. Justice Md Abdul Wahhab Miah, the senior most judge of the Appellate Division of the Supreme Court, has been performing functions of the chief justice.
Minister Anisul Huq told reporters that Bangabhaban, official residence of the president, has informed the law ministry that the president has accepted the resignation letter of Justice SK Sinha, and the law ministry has nothing to say in this regard.
Replying to a question, he said he feels that there is no need for appointing new judges for the Appellate Division for holding hearing on the petition seeking review of its verdict that scrapped the 16th amendment to the constitution. The 16th amendment had empowered the parliament to remove its judges on incapacity and misbehaviour.
The seven-member bench of the Appellate Division headed by justice Sinha on July 3 dismissed a government appeal and upheld a High Court verdict that scrapped the amendment.
Among the seven SC judges, SK Sinha, who is now abroad, has resigned and Justice Nazmun Ara Sultana retired on July 6. On December 24, the government filed the review petition with the SC against its verdict.
About the pro-BNP lawyers' comment that the government filed the petition, as it does not believe in the rule of law and democracy, the law minister yesterday said filing a review petition is a constitutional right of the government. The apex court will decide whether it would allow the review petition.
Replying to another query about the disciplinary rules for the lower court judges, he said the government has issued a gazette notification in line with article 116 of the constitution.
It has been clearly stated in section 29 (2) of the disciplinary rules that if the proposal of the competent authority (president) and the Supreme Court's advice are not same, the latter (SC advice) will get priority, he said, adding that the executive has no control over the discipline of the lower court judges.