Court proceeding on a petition ina vacation bench of the High Court Division remains suspended for about threeweeks because judges of a regular HC bench, which is closed during the ongoingvacation, have reportedly called the papers, according to sources.
Sources said disposal of the petitionby the vacation bench might not be possible if it is not brought back to thevacation bench.
Ongoing vacation in the apexcourt will continue till October 9.
Concerned lawyer alleged that aregular bench could not call the papers during vacation as its operationsremain closed during the period.
Former state minister foreducation ANM Ehsanul Haque Milon on September 7 this year filed the petitionwith the HC's vacation bench (court No. 30) comprising Justice Hasan FayezSiddique and Justice Mohammad Anwarul Haque to be a party of a case.
The case aroused when lawmaker DrMohiuddin Khan Alamgir (Chandpur-1 constituency) filed a writ petitionchallenging an Election Commission gazette that vacated his JS membership lastyear. On September 26, 2010, a HC bench comprising Justice AHM ShamsuddinChowdhury and Justice Sheikh Md Zakir Hossain stayed the EC gazette upon DrAlamgir's petition. The case is yet to be disposed of.
After Milon filed his petition on September 7 last, thevacation bench gave a requisition asking the superintendent of the SC writsection to send the case filed (documents) before it and fixed September 11 forhearing on it.
On September 11, the matter wasenlisted at the cause-list for hearing and the bench sent a 'slip' to thesuperintendent further seeking the documents, Milon said.
But the superintendent throughthe 'slip' informed the court that the documents were sent to the court no. 6on September 8, said Milon.
Milon's lawyer Advocate SM Munirdrew attention of the judges of the vacation bench that how the documents weresent on September 8 to the regular bench, which was closed during the ongoingvacation. Then, the bench called the section superintendent, Milon continued.
Section superintendent Giasuddinappearing before the court on the day defended himself saying that Justice AHMShamsuddin Chowdhury, one of the two judges of the division bench court no. 6,asked him over phone from London to send the documents to his bench, andanother judge of the division bench Justice Gobinda Chandra Tagore verballyasked him to do so, Milon said quoting the superintendent.
Milon said when his lawyerAdvocate Munir prayed to the bench for taking measures to bring the documentsand subsequently holding hearing on it for the sake of justice, Justice HasanFayez Siddique suggested him to go to the Chief Justice in this regard.
On the same day, Advocate SMMunir met with Chief Justice Md Muzammel Hossain over the matter and the CJassured him of seeing the matter, Milon told reporters, adding that the matteris yet to be solved.
Later, the petition was enlistedat the cause-list for hearing at another vacation bench comprising JusticeSalma Masud Chowdhury and Justice Md Nazrul Islam Talukder.
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