The latest update/ rumour is that the President is now promoting his own name as the next head of the CTG under Clause 6 of Article 58.
Rightly this is not acceptable by the AL.
If we are to look at the abovementioned article we will find:
“Notwithstanding anything contained in this Chapter, if the provisions of clauses (3), (4) and (5) cannot be given effect to, the President shall assume the functions of the Chief Adviser of the Non-Party Care-taker Government in addition to his own functions under this Constitution.”
So the President can be the head of the CTG. BUT and this is a big but, he can only do so if “provisions of clauses (3), (4) and (5) cannot be given effect to”.
Clause (3) talks of all the Chief Justices
Clause (4) talks of all the Judges of the Appelate Court
Clause (5) talks of a concensus candidate.
So without asking the next in line (ie Mahmudul Amin Choudhury) and those after him, the President cannot jump to Clauses (5) or (6).