Amici curiae tells HC: Hill Tracts district judges can’t hear and dispose of the civil cases

Staff Reporter :
Three amici curiae (friends of court) on Monday told the High Court that the civil cases, which are pending with the offices of divisional commissioner and additional divisional commissioner of Chattogram,
cannot be transferred to the courts of district judges concerned for their hearings and disposals.
And, the district judges of Chattogram Hill Tracts (CHT) — Bandarban, Khagrachhari and Rangamati — cannot hear and dispose of the civil cases (appeals and revisions) under the Chattogram Hill Tracts Regulation (Amendment) Act, 2006, if those are sent by the divisional commissioner and additional divisional commissioner of Chattogram, they said.
The three amici curiae — Attorney General AM Amin Uddin and senior lawyers Prabir Neogi and Raja Devasish Roy — said this while placing expert opinions before a special High Court bench of Justice Sheikh Hassan Arif and Justice SM Kuddus Zaman during hearing on a reference (questions) on this issue.
Interpreting the relevant provisions of the Chattogram Hill Tracts Regulation (Amendment) Act, 2006, they said the divisional commissioner and additional divisional commissioner of Chattogram must hold hearing and dispose of the civil cases, as they are entitled to transfer only the criminal cases to the courts of the session’s judges concerned of the districts for their hearings and disposals.
Meanwhile, another amicus curiae former Attorney General AF Hassan Ariff disagreed with the three amici curiae, and said that the divisional commissioner and additional divisional commissioner of Chattogram should transfer the civil cases to the courts of district judges concerned for their hearings and disposals.
The judiciary has been separated from the executive and therefore, the district judges should have the jurisdiction for hearing and settling the cases, he argued.
After holding the hearing, the HC bench fixed June 21 for delivering verdict on the reference.
The bench requested another amicus curiae senior lawyer Rokanuddin Mahmud to submit his written opinion on this issue to this court before November 21.
Supreme Court sources said the district judges of CHT districts were holding hearing and disposing of the civil appeals and revisions after those were sent by the divisional commissioner and additional divisional commissioner of Chattogram.
The additional district judge of Bandarban few months back sent a reference to the Supreme Court registrar general seeking for opinions from the Supreme Court whether the civil cases pending with the offices of divisional commissioner and additional divisional commissioner of Chattogram can be transferred to the courts of district judges concerned for their hearings and disposals and whether the district judges can hold hearing and disposing of those civil cases under the Chattogram Hill Tracts Regulation (Amendment) Act, 2006.
The Supreme Court registrar general placed the reference to Chief Justice Hasan Foez Siddique for a decision on the matter.
The chief justice then constituted the special bench comprising Justice Sheikh Hassan Arif and Justice SM Kuddus Zaman for hearing and disposing of the reference.
The HC bench on October 31 requested five jurists — Attorney General AM Amin Uddin and senior lawyers AF Hassan Ariff, Rokanuddin Mahmud, Prabir Neogi and Raja Devasish Roy — for placing expert opinions on this matter before the court, according to the sources.