A Supreme Court lawyer yesterday filed a writ petition with the High Court challenging the legality of keeping the post of chief justice vacant and not appointing a successor to former chief justice Surendra Kumar Sinha.
Advocate Eunus Ali Akond petitioned the court to issue a rule asking the respondents to explain why their action of keeping the post of chief justice vacant and not appointing a new chief justice should not be declared illegal.
Secretaries to the cabinet division, president's office, the law ministry, and prime minister's principal secretary, and registrar general of the Supreme Court have been made respondents to the rule, Eunus told The Daily Star.
Citing from the petition, he said the post of the chief justice cannot be kept vacant even for a day under the constitution but the respondents have not taken measures to appoint the chief justice after Justice SK Sinha resigned on November 10 last year.
In the petition, Eunus prayed to the HC to order the respondents to appoint himself (Eunus) chief justice until disposal of the rule.
Eunus said he will move the petition before the HC on Sunday.
Justice Md Abdul Wahhab Miah of the Appellate Division 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.