Officials hint that Justice Syed JR Mudassir Husain is likely to succeed Justice Hasan, although Justice M Ruhul Amin is next in terms of seniority for elevation to chief justice.

Legal experts argue the appointment of Mudassir will be the second breach of seniority convention in promotion to chief justice in the Appellate Division of the Supreme Court.

The constitution stipulates that the president is not obligated to consult the prime minister in appointing the chief justice. But sources say President Iajuddin Ahmed may have to go the government's way as he did earlier.

The government argues that Justice Mudassir was senior to Justice Amin and Justice Fazlul Karim in the High Court Division when they superseded him in appointment to the Appellate Division during the Awami League rule.

The outgoing Chief Justice KM Hasan superseded Justice Amin and Justice Fazlul Karim in the Appellate Division last June in the first breach of the seniority convention.

Political analysts say the ruling BNP is now attaching importance to the appointment of Justice Mudassir as the 13th amendment to the constitution says the immediate past chief justice will be the chief of the caretaker government.

If Justice Amin who will retire on June 1, 2006 is appointed chief justice, he will be the next chief of the caretaker administration. But the ruling coalition likes to see Justice Mudassir as the caretaker government head, the political analysts added.

On retirement of Justice Mudassir on March 1, 2005, the government may delay the elevation of Justice Amin to pave the way for Justice Mudassir to lead the caretaker government to oversee the next general elections, due in October 2006.

Although there are no framed rules to appoint chief justice, the most senior judge of the Appellate Division takes over along the conventional lines.

The constitution says in Article 97 that if the office of the chief justice falls vacant, the next most senior judge of the Appellate Division will perform temporarily the chief justice's duty.

The legal experts blamed the government for planning to appoint as chief justice a person who is not member of the Supreme Judicial Council, tasked with dealing with the allegation of bail fix against an additional judge.

Headed by the chief justice, the council has two other senior judges of the Appellate Division.