Dhaka, July 17 (BDNEWS) – Advocate Abdus Salam Mamun, a former unconfirmed High Court judge, Sunday filed an application to the Chief Justice for reviving the writ petition he had filed earlier challenging the validity of Chief Justice Syed JR Mudassir Husain's holding the post.
In the application, he also sought to the Chief Justice to constitute a High Court bench comprising Justice Shah Abu Nayeem Mominur Rahman and Justice Mainul Islam Chowdhury for hearing his writ petition.
The High Court bench of Justice Shah Abu Nayeem Mominur Rahman and Justice Mainul Islam Chowdhury, on April 17, had rejected the writ petition observing that the petitioner - Abdus Salam Mamun - can approach to the President for constituting the Supreme Judicial Council for investigating the allegations against judges, including the Chief Justice.
Abdus Salam Mamun then applied to the President for directing the Chief Justice to constitute the Supreme Judicial Council in this regard.
Abdus Salam Mamun Sunday told BDNEWS that he did not get any reply to his application from the President.
Mamun had joined the HC as a judge on July 27, 2002. After two years of service, his tenure was extended by six months during which his service was not confirmed.
His second term in service ended in February 2005.
Mamun in his writ petition alleged that the chief justice had not recommended his confirmation 'out of sheer wrath against him', which is contrary to the constitution.
The constitution says that the chief justice cannot make a decision out of affection or wrath. Therefore, he lost his legitimacy to stay as the chief justice, the petitioner alleged.
On May 23, the bench of Justice Shah Abu Nayeem Mominur Rahman and Justice Mainul Islam Chowdhury was reconstituted.
BDNEWS/2010 hrs
