Acting CJ can perform CJ’s all functions

Says Justice Abdul Wahhab Miah

The Acting Chief Justice (CJ) can perform all functions of the incumbent CJ during the latter’s absence, Acting CJ Abdul Wahhab Miah said yesterday. This is in sharp contrast to what CJ Surendra Kumar Sinha had said about the functions of the acting CJ. Justice Wahhab Miah informed this to judges of the Appellate Division and the High Court Division of the Supreme Court (SC) during a full-court meeting held at the SC Judges’ Lounge in the afternoon. All the judges of both the apex court divisions were present at the meeting that discussed "emergency issues" including the functions to be performed by the acting CJ in the absence of CJ Sinha.

Miah also informed the judges about the issuance of a statement over the unwillingness of five judges of the Appellate Division to sit on the same bench with CJ Sinha, sources said. “CJ Surendra Kumar Sinha told me and four other Appellate Division judges that he was going to resign. But without informing us, he filed an application seeking one month's leave and has gone to Australia,” a source quoted acting CJ

Wahhab Miah as having said. According to the sources, the acting CJ said that the apex court would not have issued the statement on October 14 if CJ Sinha had not spoken to the media before leaving for Australia. But the apex court had to give the statement to the media following the CJ’s remarks on the acting CJ’s  functions and his leave.

Amid the ongoing debates over his sick leave, CJ Sinha had claimed that he had not been sick. He had made this claim to journalists before leaving for Australia on October 13. “I am not sick. But I am really embarrassed in the way  politicians, lawyers, and especially the ministers and the Honorable Prime Minister have been criticising me for a verdict. Some people in the government have wrongly interpreted the verdict (in the 16th amendment case) and presented it to the Prime Minister. I believe that the misunderstanding will soon go away,” he had said.

Expressing concern over the independence of the judiciary, the CJ had said: “I am also concerned about the freedom of the judiciary. The law minister on October 12 said that the acting CJ will bring changes to the SC administration soon. But there is no precedence of interference in the administration of the CJ by the acting CJ or the government. He will only do routine work every day. When interfering with the administration of the CJ, it is easily understood that the government is interfering in the High Court business.  This will further deteriorate the relations between the judiciary and the government.”

During yesterday’s full court meeting, the acting CJ told the judges of the Appellate Division and the High Court Division that there is no law in the country stating the acting CJ would only do routine work. Citing Article 97 of the Constitution, the acting CJ said that he would perform all functions of the CJ.

Article 97 of the Constitution says: “If the office of the Chief Justice becomes vacant, or if the President is satisfied that the Chief Justice is, on account of absence, illness, or any other cause, unable to perform the functions of his office, those functions shall, until some other person has entered upon that office, or until the Chief Justice has resumed his duties, as the case may be, be performed by the next most senior Judge of the Appellate Division.”

Miah said that another debate arose when the CJ Sinha claimed to be in good health before leaving for Australia. The debate gained momentum when CJ Sinha also claimed that the acting CJ could only do routine work, he added. Amid the circumstances, the apex court had to give the statement on October 14, the acting CJ said.

On October 14, the SC, in a statement signed by its registrar general Syed Aminul Islam, said that CJ Sinha is facing 11 allegations including those of corruption, money laundering and moral turpitude. The statement also said that the apex court earlier refrained from making this public, but the situation has changed since the CJ’s statement before leaving for Australia.

According to a statement by the SC, CJ Sinha had told five other SC justices that he was going to resign, but later filed a leave application and left for Australia.

The statement said President Abdul Hamid met four justices from the Appellate Division on September 30. The justices are Abdul Wahhab Mia, Syed Mahmud Hossain, Hasan Foez Siddiqui and Mirza Hossain Haider. Justice Iman Ali could not attend the meeting due to being overseas at the time.

The President listed the 11 major allegations against the CJ Sinha to the judges. Then, on October 1, the five judges sat togetther to discuss the allegations. They had decided that if the Chief Justice could not refute the allegations, they would not work with him. They met him that very morning when Justice Sinha could not provide any valid response. The justices told him they would not work with him until the allegations were resolved. In response, the Chief Justice said he would resign. The statement continues that instead of resigning, Juatice Sinha filed a leave application to the President without informing the other judges even after telling them he was going to step down.

Acting CJ can perform CJs all functions

Says Justice Abdul Wahhab Miah

The Acting Chief Justice (CJ) can perform all functions of the incumbent CJ during the latters absence, Acting CJ Abdul Wahhab Miah said yesterday. This is in sharp contrast to what CJ Surendra Kumar Sinha had said about the functions of the acting CJ. Justice Wahhab Miah informed this to judges of the Appellate Division and the High Court Division of the Supreme Court (SC) during a full-court meeting held at the SC Judges Lounge in the afternoon. All the judges of both the apex court divisions were present at the meeting that discussed emergency issues including the functions to be performed by the acting CJ in the absence of CJ Sinha. Miah also informed the judges about the issuance of a statement over the unwillingness of five judges of the Appellate Division to sit on the same bench with CJ Sinha, sources said. CJ Surendra Kumar Sinha told me and four other Appellate Division judges that he was going to resign. But without informing us, he filed an application seeking one months leave and has gone to Australia, a source quoted acting CJ Wahhab Miah as having said. According to the sources, the acting CJ said that the apex court would not have issued the statement on October 14 if CJ Sinha had not spoken to the media before leaving for Australia. But the apex court had to give the statement to the media following the CJs remarks on the acting CJs functions and his leave. Amid the ongoing debates over his sick leave, CJ Sinha had claimed that he had not been sick. He had made this claim to journalists before leaving for Australia on October 13. I am not sick. But I am really embarrassed in the way politicians, lawyers, and especially the ministers and the Honorable Prime Minister have been criticising me for a verdict. Some people in the government have wrongly interpreted the verdict (in the 16th amendment case) and presented it to the Prime Minister. I believe that the misunderstanding will soon go away, he had said. Expressing concern over the independence of the judiciary, the CJ had said: I am also concerned about the freedom of the judiciary. The law minister on October 12 said that the acting CJ will bring changes to the SC administration soon. But there is no precedence of interference in the administration of the CJ by the acting CJ or the government. He will only do routine work every day. When interfering with the administration of the CJ, it is easily understood that the government is interfering in the High Court business. This will further deteriorate the relations between the judiciary and the government. During yesterdays full court meeting, the acting CJ told the judges of the Appellate Division and the High Court Division that there is no law in the country stating the acting CJ would only do routine work. Citing Article 97 of the Constitution, the acting CJ said that he would perform all functions of the CJ. Article 97 of the Constitution says: If the office of the Chief Justice becomes vacant, or if the President is satisfied that the Chief Justice is, on account of absence, illness, or any other cause, unable to perform the functions of his office, those functions shall, until some other person has entered upon that office, or until the Chief Justice has resumed his duties, as the case may be, be performed by the next most senior Judge of the Appellate Division. Miah said that another debate arose when the CJ Sinha claimed to be in good health before leaving for Australia. The debate gained momentum when CJ Sinha also claimed that the acting CJ could only do routine work, he added. Amid the circumstances, the apex court had to give the statement on October 14, the acting CJ said. On October 14, the SC, in a statement signed by its registrar general Syed Aminul Islam, said that CJ Sinha is facing 11 allegations including those of corruption, money laundering and moral turpitude. The statement also said that the apex court earlier refrained from making this public, but the situation has changed since the CJs statement before leaving for Australia. According to a statement by the SC, CJ Sinha had told five other SC justices that he was going to resign, but later filed a leave application and left for Australia. The statement said President Abdul Hamid met four justices from the Appellate Division on September 30. The justices are Abdul Wahhab Mia, Syed Mahmud Hossain, Hasan Foez Siddiqui and Mirza Hossain Haider. Justice Iman Ali could not attend the meeting due to being overseas at the time. The President listed the 11 major allegations against the CJ Sinha to the judges. Then, on October 1, the five judges sat togetther to discuss the allegations. They had decided that if the Chief Justice could not refute the allegations, they would not work with him. They met him that very morning when Justice Sinha could not provide any valid response. The justices told him they would not work with him until the allegations were resolved. In response, the Chief Justice said he would resign. The statement continues that instead of resigning, Juatice Sinha filed a leave application to the President without informing the other judges even after telling them he was going to step down.