HC observation: Office of President is not an office of profit

Gulam Rabbani  :
In the full text of an order the High Court has upheld the election process of Md Shahabuddin as the President of Bangladesh, observing that the office of president is not an office of profit in the service of the republic.
The High Court said, “We hold that as the Head of the State, the President of the People’s Republic of Bangladesh holds ‘the office of profit’, but ‘it is not an office of profit in the service of the Republic’ and the procedures of assuming his office of the President is not like the same who serves in the service of the Republic.”
It further observed that “We hold that Section 9 of the Anti-Corruption Commission (ACC) Act, 2004 does not create any bar to the former Commissioner of ACC, Mr Md Shahabuddin, to be elected as the President of the People’s Republic of Bangladesh
and assumes the office of President as a Profitable one.”
“We hold that though as a former Commissioner of ACC, the President-elect, Mr Md Shahabuddin, also held an office of profit in the service of the Republic, this in no way disqualifying him from being elected to or holding the office of President, which is not an office of profit in the service of the Republic,” also observed the HC bench of Justice Md Khasruzzaman and Justice Md Iqbal Kabir in their 39-page full text order which was uploaded on the Supreme Court website on Monday.
Md Shahabuddin, who was elected as 22nd president of the republic on February 13, took oath of the office on Monday.
In the full text order, the HC judges said, “The rules and regulations like the other service holders/employees in the service of the Republic regarding regulating the functions are not similar to those of the President.
We hold that the ‘election’ and ‘appointment’ do not carry the same meaning as per the Constitution. The President of the People’s Republic of Bangladesh is the elected representative and the ‘symbol of the unity’ of Bangladesh, and the individuals who serves in the Republic according to the Part IX of the Constitution are the appointed employees in the service of the Republic,” the HC bench also said in the full text order.
“We hold that the declaration made by the Election Commission represented by the Chief Election Commissioner at the Nirbachan Bhaban, Agargaon, Dhaka, under Section 7 of the Presidential Election Act, 1991 is not illegal and ultra-vires to the Constitution for such declaration has not made the provision of article 48(1) of the Constitution nugatory and inoperative, and abridges the power of the members of Parliament,” the HC judges also said in the full text of verdict.
Earlier on March 15 this year, the HC bench summarily rejected two separate writ petitions challenging the legality of the process of electing Md Shahabuddin as President of the country. On March 21, the Supreme Court chamber judge also upheld the HC order.
Supreme Court lawyers MA Aziz Khan and Abdul Momin Chowdhury filed the petitions on March 7 and March 12 respectively, also praying to HC to stay the operation of the gazette notification that declared Md Shahabuddin as President-elect of the country.