Amid the growing question over Chief Justice Surendra Kumar Sinha’s leave, Law Minister Anisul Huq on Tuesday said Chief Justice SK Sinha is a cancer patient and that is why he has gone on a one-month leave.
“In the application, the CJ wrote that he has been sufferings from different diseases, including cancer. He needs more rests to get cured and that’s why he has gone on leave,” said the minister while talking to reporters at his office.
Earlier, on Monday, Chief Justice Surendra Kumar Sinha went on a one-month leave from Monday on health grounds. The Chief Justice was widely criticised by the ministers and the ruling party leaders for his observations made in the verdict that had annulled the 16th amendment to the Constitution.
Talking about the rules of taking leave, Anisul said, “the CJ himself can grant his leave and there’s no need of approval from others. But as he’s going on leave, there’s a norm that one has to take the responsibility so that he informed the President about his leave.”
“According to section 97 of the Constitution, if the CJ faces any problem while performing duties than the senior-most judge of the Appellate Division will take the responsibility in his absence and Justice Abdul Wahhab Miah has been made the acting Chief Justice,” he said.
Replying to a question about SCBA President Zainul Abedin remark that the CJ was forced to go on leave and it is unprecedented, the minister said, “They just said it’s unprecedented. Can’t a man be sick? I’m not here to respond to their irrelevant questions. I think those who are making speculations over the issue are trying to hatch conspiracies.”
He also termed the SCBA President’s remarks as baseless.
Responding to another query about review petition against the judgment of the 16th amendment to the Constitution, the Law Minister said, “The government is scrutinising the Supreme Court verdict and after that a review petition will be filed against the SC verdict.”
On August 1 last, the Supreme Court released the full text of its verdict upholding the High Court verdict that declared illegal the 16th Amendment to the Constitution establishing Parliament’s authority to remove Supreme Court judges.
