Law Minister Anisul Huq on Saturday said Justice Md Abdul Wahab Miah will be the acting Chief Justice until the new top judge is appointed.
Justice Wahab, the senior most judge of the Supreme Court Appellate Division, will continue responsibility as Chief Justice under Article 97 of the constitution, the minister told reporters in the afternoon.
Article 97 of the constitution states that if the office of the Chief Justice is vacant, the senior most Judge of the Appellate Division will carry out official duties.
“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,” the Constitution states.
Minister Anisul said he was yet to talk to the President over the issue and he did not know who the new CJ will be.
“The appointment of the Chief Justice is the sole matter of the President under the Constitution. It is not my responsibility,” the minister added while taking to the press.
Justice Wahab has been discharging duty as chief justice in absence of Justice Surendra Kumar Sinha.
Earlier in the day press secretary of the President, Joynal Abedin informed reporters that Chief Justice Surendra Kumar Sinha has resigned from his office.
The ruling Awami League government had their relationships with the Chief Justice strained following the 16th Amendment verdict that flipped the constitutional amendment that had given the parliament powers to impeach a judge over misconduct.
Awami League leaders had harshly criticized CJ Sinha over the verdict and the last month, Surendra Kumar Sinha had left the country after some awkward situations in the judiciary.