Amirul Kabir Chowdhury, one of the judges of the apex court, felt embarrassed following an objection raised by the counsel for Rangs Group.

Barrister Rafique-ul Huq, the counsel for the business house, submitted that it is a longstanding convention that "a judge does not sit in a bench after his farewell".

On June 7, the Supreme Court Bar Association arranged a farewell reception for Justice Chowdhury in advance because his retirement takes effect during the court's annual vacation. Justice Chowdhury retires on June 23.

As the hearing stalled, Justice M Fazlul Karim, who heads the five-member bench, sent the matter to the chief justice for order.

Now the chief justice will reconstitute a bench for hearing of the appeal filed by the government, court sources said.

When the court resumed yesterday, Barrister Huq said that the preliminary objections submitted earlier relating to the legal dispute over the appeal hearing during the enforcement of state of emergency has to be disposed of first before the hearing of the government appeal.

"Some fundamental rights have been suspended under the state of emergency. And in the government appeal the enforcement of fundamental rights of the Rangs Group is involved. So, the case cannot be heard when the state of emergency is in force," he contended.

Attorney General Fida K M Kamal stood for the government.