A writ petition has been filed with the High Court seeking explanation as to why the delay in appointing a new chief justice should not be declared unconstitutional, when the post is currently vacant.
Supreme Court lawyer Yunus Ali Akand filed the writ with the court on Wednesday.
“Since the adoption of our constitution, no chief justice or the judges in the Appellate Division were appointed directly from lawyers practising in the apex court, although there is a provision to do so, as per Article 95 of the constitution,” Yunus said.
“The post of chief justice has been vacant for a long time, that is why we have filed a writ with the High Court.”
He further said the hearing on the writ was likely to be held before the two-member bench of High Court led by Justice Mainul Islam Chowdhury on January 7.
Earlier on December 17, Yunus sent a legal notice to the government authorities concerned, urging them to take measures to appoint the chief justice from among lawyers practising in the apex court.
The law secretary, cabinet secretary, secretaries to the president and prime minister, registrar general of the Supreme Court, and chairman of Bangladesh Bar Council were made respondents in the notice.
They were asked to come up with a response to the notice within 72 hours.
“The chief justice is appointed by the president under Article 95 of the constitution, which states that a person who has, for not less than 10 years, been an advocate of the Supreme Court may be appointed as the chief justice or a justice of the Supreme Court,” Yunus wrote in the notice.The article was first published on Bangla Tribune


