Writ challenges 290 MPs’ oath : SC to hear on July 25

Staff Reporter :
The Appellate Division of the Supreme Court on Monday fixed July 25 to hold hearing on a leave to appeal petition against a High Court order that rejected a writ petition which challenged the legality of oath taking by 290 Awami League alliance lawmakers, who were elected in the polls held on December 30, 2018.

Chamber judge of the Appellate Division Justice M Enayetur Rahim set the date after a short hearing from both the parties.
The regular Appellate Division bench will hear the matter on that date, said Barrister AM Mahbub Uddin Khokan, a counsel of the writ petitioner.

Earlier on June 11, Barrister Khokan took an initiative for hearing of the four-year-old pending appeal before the Appellate Division. He on Sunday placed the appeal before the apex court chamber judge for its hearing.

The leave to appeal petition was filed with the apex court on August 20, 2019 against the HC order that on February 18, 2019 summarily rejected a writ petition which challenged the legality of their oath taking on January 3, 2019.

Lawyer Mahbub Uddin Khokan said that oath taking by the 290 Awami League led alliance lawmakers, who were elected on December 30, 2018 in the 11th parliamentary election, on January 3, 2019, was unconstitutional as the tenure of the 10th parliament expired on January 28 the same year.

Therefore, there were two parliaments from January 3 to January 28 in 2019 which is unconstitutional, he said, adding that the BNP lawmakers had taken oath much later.

Supreme Court lawyer Taherul Islam Tawhid filed the writ petition and later the leave to appeal petition with the SC challenging the HC order that on February 18, 2019 rejected his writ petition over this issue.

Barrister Khokan argued that the oath-taking of the MPs violated articles 123(3) and 148(3) of the Constitution of Bangladesh. According to article 123(3)(a), Parliamentary election shall be held within 90 days of dissolving the incumbent parliament.