Vol. 5 Num 317 Mon. April 18, 2005  
Front Page

Ex-judge to go to president
HC rejects petition against CJ

The High Court yesterday summarily rejected a writ petition challenging the legality of Chief Justice Syed JR Mudassir Husain's holding his position, but noted that the petitioner may take the matter to the president for its disposal.

"As an aggrieved person, I shall go to the president," petitioner Abdus Salam Mamun, a former HC additional judge, told journalists after the court order that came after hearing of the petition on Saturday and yesterday.

Mamun filed the petition on April 9 accusing the chief justice of not confirming him as a judge despite "an understanding between them."

Mamun also alleged "inaction" of the chief justice in confirming him as a judge. It is tantamount to violation of Article 95 of the constitution, Mamun said adding that the chief justice has no authority to continue his office.

The court told Mamun that he may place the matter before the president to look into the matter in the Supreme Judicial Council (SJC).

According to the constitution, the SJC is the appropriate authority to deal with allegations against judges. The president can form the SJC upon receiving allegations from the chief justice or "other sources."

In case the chief justice does not take action, the president may act upon receiving allegations from an "alternative person".

The SJC is usually formed with the chief justice and his two senior-most colleagues in the Supreme Court (SC). As the chief justice is himself involved in this case, the SJC can be formed with three senior-most judges of the SC.

Additional Attorney General AJ Mohammad Ali moved for the state in the hearing.