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Monday, January 22, 2018

Chief Justice appointed in the first week of February!

Chief Justice is being appointed in the first week of next month. According to reliable sources, the name of Justice Syed Mahmud Hossain, who is the head of the 22nd Chief Justice of the country, does not specifically tell anyone on the list. But the current acting Chief Justice Along with Abdul Wahhab Mia, there is also the name of Justice Faziz Siddiqui of the Appellate Division.

There are currently five judges in the Appellate Division Their retirement age is 67 years. Justice Md. Abdul Wahhab Mian will retire on November 11, 2018. Justice Syed Mahmud Hossain will retire on 31 December, 2021 and Justice Hassan Foyez Siddiqui on September 26, 2023.



According to the Supreme Court and Law Ministry sources, the 22nd Chief Justice will be appointed in the first week of February.

According to Article 95 (1) of the Constitution, 'Chief Justice will be appointed by the President and the President will appoint other judges by consulting with the Chief Justice.'

On the condition of not disclosing the name of the two senior officials of the Supreme Court, the Chief Justice will be appointed in the first week of next month. But who can be the only Prime Minister who is appointed.

A senior official of the law ministry has also released the same opinion.

However, Syed Mahmud Hossain said that he was the first to discuss. The resignation of chief justice Surendra Kumar Sinha (SK Sinha) was due to end on February 1.

Regarding recruiting the new chief justice, Law Minister Anisul Haque said, according to the Article 95 of the constitution, the power of appointing the Chief Justice will not be implemented until the rule of paragraph 97 will be done. Acting Chief Justice is currently acting. No void was created. However, I hope that this recruitment process can be done very soon.

Chief Justice has been vacant for almost four months long. In the 46-year history of the country, this post has not been empty for so long. Constitutional experts have mixed reactions on this. But if the appointment is made next month, the law ministry and the Supreme Court administration think that the discussion will end.

Regarding seniority
After the resignation of Justice SK Sinha from the post of Chief Justice, who is now the 22nd Chief Justice of the country? According to tradition, the next senior judge will be appointed as the Chief Justice. But in this case, the discussion on whether or not the rule will be accepted, Saragaram Political Mahalasaha everywhere. However, in the past, there is an example of appointing someone as Chief Justice by ignoring this tradition and ignoring some seniority.

The resignation of a Chief Justice in this way is the first in 46 years of independence. In the order of seniority, acting Chief Justice Mohammad Abdul Wahhab Miah is at number one, the second senior judge is Justice Syed Mahmud Hossain and in the third position, Justice Md. Iman Ali. In addition, there are also more in the order of Justice Hassan Foyez Siddiqui and Justice Mirza Hossain Haider. According to the order of seniority, the practice of applying the Chief Justice to the number one person has already been a breakthrough.

On 13 May 2011, the senior judge of the Appellate Division Justice Abu Abu Nayeem Mominur Rahman resigned. He was adjudged the Chief Justice of the second senior judge. Mozammel Hossain Before Muzammel Hossain, Shah Abu Naeem Mominur Rahman was abducted and Justice Justice ABM Khairul Haque was made Chief Justice. Justice Mominur Rahman was the brother of late BNP Standing Committee member and former minister ASM Hannan Shah.

The appointment of Chief Justice to violate seniority has happened during the BNP-led four-party alliance government and caretaker government. Appellate Division's senior judge during the four-party coalition government Justice KM Hassan and Justice Syed J.R. Modasser Hossain were appointed Chief Justice, respectively, following Ruhul Amin and Justice Mohammad Fazlul Karim. In the caretaker government regime, Justice MM Ruhul Amin was appointed as the Chief Justice. Senior Judge Justice Mohammad Fazlul Karim was abducted.

During the Awami League-led Grand Alliance government, Justice Tafazzal Islam was appointed Chief Justice by overtaking Justice Mohammad Fazlul Karim. Although Justice Mohammad Fazlul Karim was appointed as Chief Justice later on. Chief Justice ABM Khairul Haque was appointed to appoint Justice MA Matin and Justice Shah Abu Nayeem Mominur Rahman.

The Supreme Court Bar Association President and BNP chairperson's adviser Zainul Abedin said, "So long the Chief Justice's post was not vacant for long. It is unfortunate for the judiciary. The trust is going to lose trust. In the past, these terms have not been empty for so long. In appointing the Chief Justice, there is no rule for seniority in the constitution. However, according to the long tradition of the Appellate Division, we would like to be appointed on the basis of seniority. I hope that the President will appoint the Chief Justice with his conscience. '

Former law minister Barrister Shafiq Ahmed of Awami League-led grand alliance government said, "There is no mention of seniority in the constitution. If you want the President, you can appoint anyone in the Appellate Division

On 10 November last year, Justice SK Sinha resigned from the post of Chief Justice. He is the President of Bangladesh through the Bangladeshi Embassy in Singapore. He sent his resignation letter to Abdul Hamid. Later the President accepted the resignation.

Justice Sinha was scheduled to retire on February 1. Justice SK Sinha sworn in as the 21st Chief Justice of the country on 17 January 2015. From that day he served for three years in this post.

The Bench of seven judges of the Appellate Division headed by Chief Justice SK Sinha gave a ruling on July 3, declaring the Sixth Amendment to the constitution of the High Court to be removed. Reinstatement is the provision of the Supreme Judicial Council to be included in the constitution through a military decree.

After the verdict, the government is a part of the government. The government minister and parliament members publicly criticized S.K. Sinha and criticized the JS.

In this context, on October 3, Chief Justice SK Sinha visits a month's holidays; But without the expiry of the tenure, on October 10, he extended the tenure of the holiday to 10 more days.

The Ministry of Law issued a notification on 12 October. It is said in the ministry's circular that Justice Mohammad Abdul Wahhab Mia will continue to serve the responsibility of the Chief Justice until the Chief Justice extended his stay on or after 10 November, or until he took over the charge. After the extension of the holiday, SK Sinha did not return to the country. He resigned while staying abroad.

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