Case Number: Writ Petition No.7013 of 2004

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Date of filing: 2003/12/14

Petitioners

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

Respondents

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

Facts

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.

Date: 02/01/2004

Details

Update

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.

Certified-Copy-of-the- Rule-WP-7013-2004

This matter was fixed for hearing in the Court No. Main-20 (Justice Razik-Al-Jalil, Justice Shathika Hossain) on 10.11.2024 which is adjourned to 13.11.2024.

Justices

Mr. Justice Md. Abdul Matin

Mr. Justice A. F. M. Abdur Rahman

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Area of law

Adibashi,
Accountability and Institutional Reform

Keywords

Court System

Relevant statute

Constitution, Article 27, 38(3), 44 and 102;

Chittagong Hill Tracts Regulation, 1900