A writ petition was filed with the High Court (HC) on Wednesday seeking its order for taking necessary initiatives to appoint the Supreme Court (SC) judges, including the Chief Justice, from the SC lawyers as per the article 95 of the Constitution.
The writ also sought a rule asking the authorities concerned to explain as to why the non-appointment of the Chief Justice against the vacant post should not be declared unconstitutional.
Supreme Court lawyer Eunus Ali Akond filed the writ petition.
"I filed the writ as the post of the Chief Justice has been vacant for a long time. The hearing on the petition may be held on Sunday," he said adding that law secretary, cabinet secretary, secretary to the President's office, principal secretary to the Prime Minister and the registrar general of the Supreme Court have been made respondents to the rule.
According to the article 95 of the Constitution, a lawyer, who has a minimum experience of 10 years of practising in the Supreme Court, can be appointed as a justice or the Chief Justice of the apex court.
However, not a single judge has been appointed, excluding additional justice according to the article 98 of the Constitution, directly from the SC lawyers.
On November 10 last, Chief Justice SK Sinha resigned while the President is yet to appoint the new CJ to fulfill the post.