PUBLIC INTEREST LITIGATION (PIL)

1. Bangladesh legal Aid and Services Trust (BLAST)
2. Mahiuddin, Advocate
3. Pratikar Chakma, Advocate
4. Md. Rafiqul Islam, Advocate

1. Mohammad Glam Quddus, Additional Divisional Commissioner, Chittagong;
2. Md. AshrafulMakbul, Divisional Commissioner, Chittagong
3. Secretary, Ministry of Law Justice and Parliamentary Affairs
4. Secretary, Ministry of Establishment

BLAST filed a writ petition challenging the Additional Divisional Commissioner of Chittagong’s exercise of powers as a Sessions Judge by claiming an ex-officio authority unfounded in law. The three hill districts, Rangamati, Bandraban and Khagrachari had long been regulated by the Chittagong Hill Tracts Regulation, 1900 and under Section 8[1] of the Regulation, the Deputy Commissioner was the ex-officio Sessions Judge and the Additional Divisional Commissioner was the Additional Sessions Judge in the Chittagong Hill Tracts. The Additional Divisional Commissioner, in clear violation of law, styled himself as the Sessions Judge of the three Hill Districts, which was supposed to be the role of the Deputy Commissioner.

The High Court issued a Rule Nisi on 02.01.2004 on the respondents to show cause why the public notification issued by the Additional Divisional Commissioner styling himself as the Sessions Judge should not be declared to be without lawful authority and of no legal effect.

Mr. Justice Md. Abdul Matin

Mr. Justice A. F. M. Abdur Rahman