Law minister Anisul Huq said chief justice Surendra Kumar Sinha will be considered absent from Saturday as his leave period ended on Friday.
The law minister mentioned article 97 of the constitution to inform Prothom Alo what will happen if the chief justice remains absent.
In replying to another question, Anisul Huq said acting chief justice Md Abdul Wahhab Miah will continue his duties.
According to article 97, 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.
CJMeanwhile, chief justice Surendra Kumar Sinha, who was on leave, has flown to Canada from Singapore, said a person close to the CJ.
Sinha reached Singapore for his treatment from Australia on Monday night. He set out for Canada from Singapore on Friday (Today).
Chief justice’s younger daughter Asha Sinha stays in Canada.
The last day of chief justice’s one month leave was 10 November. Some media outlets report the chief justice will return home on 13 November.
However, the Supreme Court acting registrar general could not be contacted over phone to know about this.
Chief justice SK Sinha left Bangladesh for Australia to stay with his eldest daughter Suchana Sinha.
Earlier on 2 October, the chief justice applied to president Md Abdul Hamid for a one-month leave that ended on 1 November.
During his leave, the CJ requested the president for extending his leave to 10 November. Taking this in cognizance, CJ’s leave ended Friday.