HC refuses to hear writ challenging legality of keeping CJ post vacant

A High Court bench today refused to hear a writ petition that challenged 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 Syed Muhammad Dastagir Husain and Justice Md Ataur Rahman Khan advised writ petitioner Advocate Eunus Ali Akond to move the petition before another bench for its hearing.

“Justice Syed Muhammad Dastagir Husain told me that he will not hear the petition as he has become an aged man (about 67 years). He [Justice Dastagir), however, said that he will hold hearing on the petition, if any other bench does not hear it,” Eunus told The Daily Star.

He said he will move the petition before another bench of the HC on Sunday.

Eunus yesterday filed the writ petition with the HC challenging the legality of keeping the post of chief justice vacant and not appointing a new chief justice.

In the petition, he prayed to the HC to issue a rule asking the government to explain why its action of keeping the post vacant and not appointing a new chief justice should not be declared illegal.

He also prayed to the court to order the government to appoint himself (Eunus) chief justice until disposal of the rule.

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.