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03 October, 2017, 17:15
Update: 03 October, 2017, 20:40
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Chief Justice SK Sinha suffering from cancer: Minister

03 October, 2017, 17:15
Update: 03 October, 2017, 20:40

Dhaka: Amid the growing question over Chief Justice Surendra Kumar Sinha's leave, Law Minister Anisul Huq on Tuesday said Chief Justice SK Sinha is a cancer patient for which has gone on a one-month leave.

"In the application, the CJ wrote that he has been sufferings from different diseases, including cancer. He needs more rests to get cured and that's why he has gone on leave," said the minister while talking to reporters at his office.

In reply to a question if the Chief Justice will return to his work after his one-month leave, the minister said, "I hope and pray for this."

Earlier, on Monday, Chief Justice Surendra Kumar Sinha went on a one-month leave from Monday on health grounds.

The Chief Justice was widely criticised by the ministers and the ruling party leaders for his observations made in the verdict that had annulled the 16th amendment to the Constitution.

Talking about the rules of taking leave, Anisul said, "Following the independence of the judiciary, the CJ himself can grant his leave and there's no need of approval from others. But as he's going on leave, there's a norm that one has to take the responsibility so that he informed the President about his leave."

The letter, written by the CJ for informing the President about his leave first came to the Law Ministry and then it was forwarded to the Prime Minister before sending it to the President's office, he said.

"According to section 97 of the Constitution, if the CJ faces any problem while performing duties then the senior-most judge of the Appellate Division will take the responsibility in his absence and so, Justice Abdul Wahhab Miah has been made the acting Chief Justice," he said.

Replying to a question about SCBA President Zainul Abedin remark that the CJ was forced to go on leave and it is unprecedented, the minister said, "They just said it's unprecedented. Can't a man be sick? I'm not here to respond to their irrelevant questions... I think those who are making speculations over the issue are trying to hatch conspiracies."

Pointing at the pro-BNP lawyers, the Law Minister said they speculated over the issue as they were trying to hatch conspiracy to hamper and destroy the continuation of the democratic process. "They started crying foul knowing that their attempt won't succeed. I don't need to respond to their speculation. Our chief justice informed us he was sick. We believe him (CJ)," Anisul said.

He also termed the SCBA President's remarks baseless.

When his attention was drawn to the SCBA President's remarks that the CJ went on leave in the face of pressure, the Law Minister termed the SCBA President's remarks as baseless. "No pressure was created (on him). So, there's no need for responding to such useless remarks."

Responding to another query about review petition against the judgment of the 16th amendment to the Constitution, the Law Minister said, "The government is scrutinising the Supreme Court verdict and after that a review petition will definitely be filed against the SC verdict."

"We'll surely take the legal step against the Supreme Court verdict. But it has no nexus with the CJ's illness. If anyone wants to connect it (with his illness or leave), I think they've an ill-attempt," he said.

On August 1 last, the Supreme Court released the full text of its verdict upholding the High Court verdict that declared illegal the 16th Amendment to the Constitution establishing Parliament's authority to remove Supreme Court judges.

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