Who is the next Chief Justice?

Discussions are going on in all quarters about who will be appointed as the new Chief Justice after the retirement of Chief Justice Syed Mahmud Hossain. The eyes of the conscious masses of the country are now on Bangabhaban, the concerned ministry, and the Supreme Court. There are rumors that the chief justice may be appointed this week or early January.

Now everyone is anxious to know who is being appointed as the 23rd Chief Justice of the country.

 The Chief Justice is appointed by the President. But there are issues of government opinion. It is not right for the President to appoint alone. It depends on the government. Because if you look at what has happened in the past, you will see that the President did not appoint alone. The Chief Justice is appointed on the basis of physical ability, accountability, and other aspects. 

The term of office of Chief Justice Syed Mahmud Hossain will end on December 30 as he has completed 8 years of age. However, the appointment of the next Chief Justice is usually finalized a few days before the expiration of the term of office of a Chief Justice.

According to law ministry sources, a new chief justice is likely to be appointed this week or next month by declaring the post vacant. The President appoints the Chief Justice of Bangladesh in accordance with the powers conferred by Article 95 (1) of the Constitution. Now everyone is looking at the President, who he is appointing as the Chief Justice.

Meanwhile, it has been learned that the crisis of judges is also manifesting in the Appellate Division of the Supreme Court as new judges have not been appointed in time to fill the vacancies of retired judges. At present, there are five judges in the Appellate Division, including the Chief Justice. But a century ago in 2009, the number was 11 in the Appellate Division. Earlier, the law minister had said that a judge would be appointed in the Appellate Division. It is an ongoing process.

Reviewing the process of appointment of Chief Justice of the country, it is seen that in the past, the practice of appointing a senior judge of the Appellate Division of the Supreme Court as the Chief Justice has been followed by appointing a relatively junior judge. Although there is no such obligation in the constitution. The president can appoint whomever he wants as chief justice.

 Who will be the Chief Justice depends on the decision of His Excellency the President. He is the one who knows who will be appointed by the President. According to Article 95 of the Constitution, only the President has the power to appoint the Chief Justice. 

Meanwhile, when the Chief Justice retires, there will be four more judges in the Appellate Division. Chief Justice may be appointed from these four.

According to the rules, the post of Chief Justice is usually appointed on the basis of seniority. As such, the senior member of the Appellate Division is Justice Mohammad Iman Ali. If he is not appointed, then on the basis of seniority, Justice Hasan Fayez Siddiqui, Justice. Nuruzzaman Nani and Justice Obaidul Hasan. The President can appoint any one of these four judges as the Chief Justice.

Relevant sources said that the name of Justice Mohammad Iman Ali of the Appellate Division is being heard for the post of Chief Justice. However, the tendency is more towards the second senior judge Hasan Fayez Siddiqui. After the Justice. The list also includes Nuruzzaman Nani and Justice Obaidul Hasan.

With the appointment of the Chief Justice, many of the lawyers think that Justice Mohammad Iman Ali can be the Chief Justice according to his seniority and qualifications. Again, some say that in the overall analysis, the next Chief Justice of the country may be Justice Hasan Fayez Siddiqui.

It is learned that the retirement period of three of the four judges of the Appellate Division of the Supreme Court is by 2023. According to the constitution, a judge can hold office for up to 7 years. Justice Mohammad Iman Ali will retire on January 1, 2023, and Justice Hasan Fayez Siddiqui will serve until September 26. Besides, Justice Md. Nuruzzaman Nani will retire on July 1, 2023. In this case, Justice Hasan Fayez Siddiqui will get a little more time. On the other hand, another judge of the Appellate Division Obaidul Hasan will retire on January 11, 2026.

When asked, Law Minister Anisul Haque told, “Who will be the Chief Justice depends on the decision of His Excellency the President. He is the one who knows who will be appointed by the President. According to Article 95 of the Constitution, the power to appoint the Chief Justice belongs only to the President.

He said, “The constitution clearly states that two issues are the sole prerogative of the President; One is to appoint Hon’ble Prime Minister and Hon’ble Chief Justice. It is up to him to decide who will be the next Chief Justice.

The state’s chief legal officer, Attorney General AM Amin Uddin, declined to comment to the press.

Former law minister Barrister Shafiq Ahmed told about the appointment of the chief justice. But there are issues of government opinion. It is not right for the President to appoint alone. It depends on the government. Because if you look at what has happened in the past, you will see that the President did not appoint alone. The Chief Justice was appointed on the basis of his physical ability, accountability, and other aspects.

In this regard, the Anti-Corruption Commission (ACC) Chief Advocate. Khurshid Alam told, “His Excellency the President appoints the Chief Justice of the country as per the constitution. He will also decide who will be the Chief Justice. As a lawyer, I do not want to give any opinion in this regard.

What is in the constitution regarding the appointment of Chief Justice

Pursuant to Article 94 (2) of the Constitution, the President determines and appoints judges to the Appellate Division and the High Court Division of the Supreme Court. The article said, “The Supreme Court shall be constituted with the Chief Justice who shall be called the” Chief Justice of Bangladesh “and the number of other judges which the President may require to be appointed to take seats in each division.” According to the constitution, a judge can hold office till the age of six.