Law Minister Anisul Huq said there is no need to create any controversy over the appointment of the Chief Justice as the President is unlikely to keep the post vacant for long.
The minister came up with the remarks on Thursday while talking to reporters after attending a training course for additional district and sessions judges at Judiciary Administration Training Institute.
Replying to a question he said, “You say the CJ will administer the oath of judges. So until the appointment of the CJ no new judge can be given appointment. But there’s a provision of acting chief justice in Article 97 of our Constitution.”
“About the acting CJ’s duty, it (Article 97 of the Constitution) clearly mentions ‘anurup’ (ditto) in Bangla. The acting Chief Justice will perform the same duty as Chief Justice does. He (Acting Chief Justice) has taken an oath as Justice of Appellate Division and he can use equal power as the CJ.”
Section 97 of the Constitution stated that the senior most Judge of the Appellate Division will act as the CJ, he said.
Amid various speculations and row over the Supreme Court’s 16th amendment verdict, Chief Justice Surendra Kumar Sinha resigned on November 11.
Sinha went on leave on October 3 and left for Australia on October 13.
A day after Sinha’s trip to Australia, the Supreme Court issued a statement saying the Chief Justice is facing 11 charges, including graft and money laundering.
Appellate Division senior most judge Md Abdul Wahhab Miah was appointed as acting CJ as per the section 97 of the constitution until a new Chief Justice is appointed.