Chief Justice Surendra Kumar Sinha, who went on leave amid controversy over his derogatory comment about Bangabandhu Sheikh Mujibur Rahman in the verdict on constitutional amendment, has resigned, a source claims.
The source said SK Sinha sent his resignation letter to the President but did not elaborate on when and how he sent it.
Private satellite TV channel Ekattor Television also reported the chief justice’s resignation quoting unconfirmed sources.
The resignation claim, however, could not be verified immediately.
The over one month’s leave of the chief justice ended on Friday.
He went on one month’s leave on Oct 3 on ‘health grounds’ and later extended the leave until November 10.
SK Sinha took the leave amid controversy over his comment about the Father of the Nation in the verdict on the 16th Amendment, which had reestablished parliament’s power to impeach apex court judges.
The Supreme Court verdict, however, voided the amendment.
According to sources, Justice Sinha was in Singapore on Friday and left there for Canada by a flight of China Southern Airlines in the morning. He reached Singapore for his treatment from Australia on Monday night.
The chief justice’s eldest daughter Suchana Sinha stays in Australia and his younger daughter Asha Sinha in Canada.
Meanwhile, law minister Anisul Huq on Friday told journalists that the chief justice will be considered absent from Saturday if he does not return home and join office.
Replying to a question, he said acting chief justice Md Abdul Wahhab Miah will continue his duties in the absence of the chief justice.
The Article 97 of the Constitution provides that 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.