Dismissing his petition the bench of Justice Mohammad Joynul Abedin and Justice M Miftah Uddin Chowdhury ordered that the rule pending against him would be heard on its merit.

The court on March 22 last year had issued the rule upon Shahudul Huq to explain under what authorities he was holding the office of IGP despite conviction in a contempt case in January 2004, which was upheld by the Supreme Court.

Khandker Mahbubuddin Ahmed MP, counsel for Shahudul Huq submitted that since he is no more in service and the president has condoned his offence of misconduct the rule against him became infructuous.

Opposing his contention advocate MK Rahman who had filed the writ submitted that continuation in office by Shahudul Huq after the court verdict in a suo moto contempt case was illegal. Citing precedence he contended that even if Shahudul resigned, dismissed or his offence was condoned the case pending against him would not affect. It should be heard and disposed of on its merit.