SC clears way for law secretary to discharge duties

The Supreme Court today cleared the way for Abu Saleh Sheikh Mohammad (ASSM) Zahirul Haque to discharge duties as secretary to law and justice division of law, justice and parliamentary affairs ministry.

Chamber judge of the Appellate Division Justice Syed Mahmud Hossain halted for eight weeks a High Court order that stayed for three months the contractual appointment of Zahirul Haque as secretary to law and justice division.

The chamber judge passed the order following a petition filed by the government seeking a stay on the HC order.

Earlier in the day, the HC bench of Justice Syed Muhammad Dastagir Husain and Justice Md Ataur Rahman Khan passed the order after hearing a writ petition filed by Supreme Court lawyer Advocate Ashraf-uz Zaman challenging the legality of the appointment of Zahirul Haque. Later, the government filed the petition.

Zahirul Haque was reappointed as secretary to the law and justice division on August 6 for two years on a contractual basis under a condition of cancellation of his leave preparatory retirement with the approval of the president.

Two days after his appointment, the High Court questioned the legality of contractual appointment of Zahirul Haque and issued a rule asking the government to explain why its decision to appoint him to the post on contractual basis should not be declared illegal.

The HC came up with the rule after hearing the writ petition filed by Ashraf-uz Zaman challenging the legality of the appointment of Zahirul.

Ashraf-uz Zaman filed the petition saying that the post of secretary to the law and justice division is an office of the judicial service and a judicial official will be appointed to that post.

ASSM Zahirul Haque is no more a judicial officer as he has retired, he said, in the petition, adding that the government made the appointment of Zahirul without consulting with the Supreme Court.      

The ministry has issued a gazette notification on August 6 to the effect of the appointment.