HC set to hear petition on CJ post vacancy
The High Court is scheduled to hear tomorrow a writ petition that challenged the legality of keeping the post of chief justice vacant and not appointing a successor to former chief justice Surendra Kumar Sinha.
The bench of Justice Zinat Ara and Justice Kazi Md Ejarul Haque Akondo on January 18 fixed Sunday for hearing the petition, as four separate HC benches had earlier refused to deal with the same petition, writ petitioner Advocate Eunus Ali Akond told The Daily Star yesterday.
He also said the HC benches did not mention any specific reason behind their refusal to hear the petition.
Advocate Eunus submitted the writ petition as public interest litigation to the HC on January 3, seeking an HC rule asking the respondents to explain why their action of keeping the post vacant and not appointing a new chief justice should not be declared illegal.
Secretaries to the cabinet division, president's office, law ministry, prime minister's principal secretary and registrar general of the Supreme Court were cited as respondents in the petition.
Quoting from the petition, Eunus said the post of chief justice cannot be kept vacant even for a day under the constitution, but the respondents have not appointed a new chief justice after Justice SK Sinha resigned on November 10 last year.
In the petition, Eunus also prayed that the HC orders the respondents to appoint him the chief justice until disposal of the rule.
Justice Md Abdul Wahhab Miah of the Appellate Division of the Supreme Court has been discharging the duties of chief justice since October 3 last year, when then chief justice SK Sinha went on leave before finally stepping down.
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