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WRIT AGAINST

CJ Ex-judge allowed to file petition

STAFF CORRESPONDENT
A former additional High Court (HC) judge was yesterday allowed to file an application to the Supreme Court (SC) for restitution of his original writ petition that accused the chief justice (CJ) of violating the constitution and his oath to office.
Abdus Salam Mamun, the former judge, on Wednesday moved to swear an affidavit of his application but the affidavit commissioners refused to entertain his plea. Finally, he got the permission yesterday through High Court's intervention.
Whe 'Bally ^tar
FROM PAGE 16
In the original writ petition filed on April 9, Mamun accused the CJ of violating the constitution and the oath of office by not confirming him as a permanent judge of the HC.
He also sought a rule upon the CJ "to show cause under what authority he was holding the office of the chief justice of Bangladesh and why it shall not be declared that the office of the chief justice of Bangladesh has become vacant upon his disqualification."
On April 17, the High Court rejected his plea and observed that the president is the authority to initiate proceedings against a judge for the removal and act on the information received from the Supreme Judicial Council or from any other sources that include any petition or representation.
Mamun appealed to the president on May 4 to send his matter to the Supreme Judicial Council and the president directed the law ministry to take necessary action. "But I know nothing about the fate of my application since then," Mamun told The Daily Star.
As the former judge was in dark about the law ministry move regarding his petition, he came back to the Supreme Court with an application for the restitution for the original writ
petition for the purpose of hearing and disposal of the petition.
However, the affidavit commissioners did not receive his application on Wednesday.
Mamun sought the High Court's intervention yesterday in his plea for affidavit. The court immediately summoned an affidavit commissioner and asked him to do the affidavit or explain reasons why he would not do it by yesterday.
Finally, the affidavit was done yesterday evening, Mamun told The Daily Star.
In the original writ petition Mamun alleged that the CJ did not process his case for his appointment as a permanent judge of the High Court "out of ill will and mala fide intention," even though there was no allegation of incompetence or inefficiency against his functioning as a judge.
"..Thus the learned Chief Justice disqualified himself to continue as judge of Bangladesh, inasmuch as he has violated his oath, to do the right without ill will."