The bench of justices Sheikh Hassan Arif and Abu Taher Md Saifur Rahman on Thursday said one of the bench’s members felt ‘embarrassed’ when the petition was placed before it.
But the name of that judge has not been disclosed.
Additional Attorney General Murad Reza and Deputy Attorney General Al Amin Sarker represented the state while Md Salauddin Dolon stood for the plaintiff.
"In such a situation, the petition will be forwarded to the Chief Justice who will take the final decision," Reza told reporters.
Altaf Hossain himself is the plaintiff. Earlier, Supreme Court lawyer Idrisur Rahman had moved the court on this matter.
Rahman said a High Court bench was scheduled to hear his petition. Meanwhile, Hossain himself filed the new plea seeking permanent appointment.
The High Court appointed six additional judges, including Hossain, on June 14, 2012.
Five of them, except Altaf, were given the opportunity to permanently judge cases after two years.
The 2001-6 BNP-Jamaat-e-Islami coalition government did not give permanent status to additional High Court judges appointed during the Awami League’s 1996-01 term.
Only 10 of the additional judges were appointed permanently after lawyer Rahman filed a case over the matter. However, they had to forgo their seniority.
Of the rest, another was made permanent later.
But two others, Md Monsurul Haq Chowdhury and AFM Mejbah Uddin, did not return as judges. They are currently practising law at the High Court and the Appellate Division.
