Staff Reporter :
The High Court (HC) on Sunday rejected a writ petition filed challenging the legality of keeping vacant the post of Chief Justice for the last two and a half months without appointing a new Chief Justice (CJ).
The bench of Justice Zinat Ara and Justice Kazi Md Ejarul Haque Akondo rejected the petition considering that it was not submitted, as the petitioner-lawyer Eunus Ali Akond was not present before the bench during hearing.
Deputy Attorney General Ishrat Jahan told journalists that Eunus Ali can move the petition before the court later on.
Eunus Ali, a Supreme Court lawyer, himself filed the writ petition with the High Court on January 3 challenging the legality of keeping the post of CJ vacant and not appointing a successor to former Chief Justice Surendra Kumar Sinha.
Earlier, several benches of the HC Division turned down to hear the writ petition as an unusual mater. Finally, the bench headed by the Justice Zinat Ara agreed to hear it. The rescheduling was made following submission for time by Attorney General Mahbubey Alam to take preparation for the hearing.
In the petition, the lawyer made prayer for a rule on concerned government functionaries as respondent to explain why they are not taking steps to appoint a new Chief Justice as the post is laying vacant.
Advocate Eunus Ali Akond in his petition said the post of the Chief Justice cannot be kept vacant even for a day under the Constitution. He said a Chief Justice even can be appointed from among the lawyers. Appointment of CJ by a senior Judge of the Appellate Division is not mandatory, he said.
In fact laying of the post of Chief Justice is quite unusual for even one day while such writ for appointment of the Chief Justice is also unnecessary in normal situation. Such move is only destroying the image of the Court but the vacuum is encouraging such writ.
