CJ post vacant: Hearing on writ deferred

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Staff Reporter :
The High Court (HC) on Sunday reset the date on January 28 in 2018 for holding hearing on the writ petition filed challenging the legality of keeping the post of Chief Justice vacant and not appointing a new Chief Justice.
The HC bench of Justice Zinat Ara and Justice Kazi Md Ejarul Haque Akondo passed the order after considering a time prayer by the government.
Earlier, the court fixed January 21 for hearing the writ petition.
Several benches of the HC Division showed unwillingness to hear the writ petition. Finally the bench headed by the Justice Zinat Ara agreed to hear it and fixed January 21 for hearing. The case was on serial no 8 in the cause list of the bench.
Attorney General Mahbubey Alam sought time tot the court for their preparation. The court then accepted the time prayer and reset the date for hearing.
On January 3 in 2018, Supreme Court lawyer Eunus Ali Akond filed the writ petition with the High Court praying to issue a rule asking the respondents to explain as to why their action keeping the post of Chief Justice vacant and not appointing a new Chief Justice should not be declared illegal.
Secretaries of the Cabinet Division, President’s Office and the Law Ministry and Prime Minister’s Principal Secretary and Registrar General of the Supreme Court have been made respondents.
Citing from the petition, Advocate Eunus Ali Akond said the post of the Chief Justice cannot be kept vacant even for a day under the Constitution and that the respondents have not appointed the Chief Justice after Justice Surenda Kumar Sinha resigned on November 10 last year.
He said in the petition that lawyers were being victimized by discrimination as 100 percent Appellate Division judges are appointed from the HC judges and the Chief Justice is appointed from the Appellate Division judges though this system is not mandatory.
He prayed in the petition to appoint the Chief Justice and Appellate Division judges from the lawyers. In India, Pakistan and USA, the SC judges are appointed from the lawyers, he also mentioned in the petition.
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