Wednesday, February 21, 2018 | ePaper

Criticism growing over delay in appointment of new Chief Justice

  • Print
Gulam Rabbani :
Criticism is going on over delay in appointment of new Chief Justice of the country.
Although the Constitution does not say any time limit to recruit new Chief Justice if the post becomes vacant, the post should not be kept empty for a long time, say law experts.
In the past, Chief Justices were appointed immediately after the post had become vacant, they pointed out.
Article 97 of the Constitution says, "If the office of the Chief Justice becomes vacant, or if the President is satisfied that the Chief Justice is, on account of absence, illness, or any other cause, unable to perform the functions of his office, those functions  shall, until some other person has entered upon that office, or until the Chief Justice has resumed his duties, as the case may be, be performed by the next most senior Judge of the Appellate Division."
Meanwhile, Law Minister Anisul Huq on November 15 said that the constitution does not stipulate any timeframe for the President to appoint a new Chief Justice following the retirement or resignation of a Chief Justice.
 "The honourable President has time and he will do it. I cannot say when, where and how the Chief Justice will be appointed," the minister said while responding to journalists' queries at an anti-drug campaign programme of Prottoy Medical Clinic Ltd in the capital's Baridhara.
Anisul Huq said Justice Md Abdul Wahhab Miah, the senior-most judge of the Supreme Court's Appellate Division, would carry out the responsibilities of the Chief Justice until a new Chief Justice is appointed.
Article 95(1) of the Constitution says, "The Chief Justice shall be appointed by the President, and the other Judges shall be appointed by the President after consultation with the Chief Justice." Former Law Minister Barrister Shafiq Ahmed told The New Nation, "Though there is no mention of time limit to appoint new Chief Justice in the Constitution, it is not right to keep the post vacant indefinitely. New Chief Justice should be appointed in a reasonable time."
President of the Supreme Court Bar Association and also Senior Advocate Zainul Abedin said that it's unprecedented to keep vacant the post of the Chief Justice for a long time.
 "Chief Justice's post never been vacant in a damocratic country. In our contry the post was vacant for maximum 13 days at the period of former President Hussain Muhammad Ershad, who is also known as a dictator, as he did not want to appoint Justice Shahabuddin Ahmed as the Chief Justice," said SCBA president.
 "It seems that the President is unable to take decesion independently in this regard, though he has the full jurisdiction," he added. Law expert Dr Shahdeen Malik described the situation as "irresponsible and unnatural". "In this way a Judiciary can not run," he added.
Amid criticism from the ruling quarters over different issues, including the 16th amendment verdict, Chief Justice Surendra Kumar Sinha resigned on November 10.
President Md Abdul Hamid has already accepted the resignation of Justice Surendra Kumar Sinha.
After President's acceptance, the letter was forwarded to the Law Ministry for further action, President's Press Secretary Mohammad Joynal Abedin told journalists.
The resignation was effectuated from November 10, the date when the letter was signed. The letter reached Bangabhaban through Bangladesh High Commission in Singapore, he added.

More News For this Category

Amar Ekushey today

Amar Ekushey today

M M Jasim :The nation will observe the Language Martyrs and the International Mother Language Day today (February 21), commemorating the language heroes of 1952. They will offer a moment

Khaleda files appeal

Khaleda files appeal

Staff Reporter :BNP Chairperson Begum Khaleda Zia on Tuesday filed an appeal petition with the High Court (HC) challenging the lower court verdict that sentenced her to five years imprisonment

5 school teachers put on remand over question leakage

Court Correspondent :The Chief Metropolitan Magistrate (CMM) Court of Dhaka yesterday placed five persons including two teachers of Cambridge High School of the capital's Uttarkhan on one day-remand each in

Exporters yet to get full benefit

As ban still remains on Biman Bangladesh Airlines, the British authorities move of lifting embargo on direct air cargo flights from Dhaka to London may not help much to Bangladeshi

127 killed in Syria air raids

BEIRUT (Reuters) :Pro-government forces bombarded Syria's eastern Ghouta on Tuesday, killing at least 49 people, after the heaviest one-day death toll there in three years on Monday, a war monitoring

BNP renews demand for dialogue

BNP on Tuesday renewed its call to the government for holding talks with political parties to hold the next general election under a non-party neutral government and resolve the country's

Head bowed, Florida shooting suspect returns to court for hearing

Head bowed, Florida shooting suspect returns to court for hearing

Reuters, FORT LAUDERDALE, Fla :A former student accused of last week's deadly shooting at a Florida high school returned to court for a hearing on Monday in a case that

Woman's body recovered from Buriganga

UNB, Keraniganj :Police recovered the decomposed floating body of a young woman from the Buriganga River in Hasnabad area of the upazila on Tuesday.The identity of the woman, aged about

Existing SSC exam system to be changed Govt high-level meeting took decision

Staff Reporter :The government is going to reform the existing examination system of Secondary School Certificate (SSC) examinations from next year. The government has found no solution, but to change

75 injured in clash with cops:70 arrested: BNP`s demo in districts foiled

75 injured in clash with cops:70 arrested: BNP`s demo in districts foiled

Staff Reporter :At least 75 people were reportedly injured in police actions against the processions brought out by the BNP in Faridpur, Habiganj and few other districts on Tuesday demaning