Court challenge over governor ouster
Abu Jakir :
The government’s decision to remove the governor of Bangladesh Bank has drawn criticism from analysts and civil society representatives, while a writ petition filed with the High Court Division of the Supreme Court of Bangladesh on Thursday challenged the legality of the move.
The petition contests the government’s decision to remove Ahsan H Mansur from the post and appoint Md. Mostaqur Rahman as the new governor of the central bank.
Supreme Court lawyer Abdullah Al Mamun filed the writ petition as a public interest litigation.
The petition also seeks a stay on the government order that ended Mansur’s tenure and installed Mostaqur Rahman as the new head of the central bank.
Barrister Sarwar Hossain, counsel for the petitioner, told the media that
the government’s decision violated provisions of the Bangladesh Bank Order, 1972, which governs the appointment, responsibilities and removal of the governor.
According to him, the law stipulates that a governor of Bangladesh Bank cannot be removed from office unless he or she is found to be incapable or incompetent.
He further argued that the same legal framework does not permit the appointment of a loan defaulter as the central bank governor.
The petitioner alleged that Mostaqur Rahman is reportedly a loan defaulter and has connections with companies linked to the controversial S Alam Group.
Sarwar Hossain said the High Court may hold a hearing on the writ petition before a bench next week.
The government removed Ahsan H Mansur from the position on 25 February and appointed Mostaqur Rahman as governor through separate gazette notifications issued by the Financial Institutions Division under the Ministry of Finance.
One notification stated that Mansur’s remaining tenure had been cancelled with immediate effect “in the public interest”.
Another said Mostaqur Rahman had been appointed governor for a four-year term from the date of joining, subject to relinquishing all professional ties with other institutions and organisations.
The decision has also sparked debate among analysts and civil society representatives over the independence of the central bank.
Speaking at a press conference in Dhanmondi on Thursday, Iftekharuzzaman, executive director of Transparency International Bangladesh (TIB), said the newly appointed governor faced a serious conflict of interest and urged the government to reconsider the appointment.
“Leaving Bangladesh Bank under such leadership for the next five years would be unacceptable under any circumstances,” he said.
Iftekharuzzaman warned that if the concerns were not addressed, the central bank could be deprived of the opportunity to effectively carry out its responsibilities as the country’s financial regulator.
Responding to questions about whether the appointment might be linked to the possible return of controversial businessman S Alam to the country, he said the issue would become even more serious if there were any attempt to benefit a particular vested group. “In that case, the government should conduct a completely impartial investigation and take appropriate action,” he said.
He also cautioned that restoring individuals or institutions previously accused of large-scale financial irregularities to positions of authority would not be beneficial for the state.
According to Iftekharuzzaman, although some recent government initiatives have generated public optimism, several developments have also raised concerns, including questions surrounding the central bank governor’s appointment and the controversial resignation of the leadership of the Anti-Corruption Commission.
Meanwhile, Fakhrul Islam, a senior journalist and analyst, noted that the position of the central bank governor is not equivalent to that of an ordinary government employee.
The post was established under the Bangladesh Bank Order, 1972, which recognises the central bank as an autonomous institution responsible for monetary policy, financial stability, foreign exchange management and oversight of the banking sector.
As a result, legal experts say the appointment and removal of the governor are governed by a specific legal framework rather than the general administrative provisions applicable to ordinary public officials.
The controversy surrounding the removal has therefore raised broader questions about the independence of Bangladesh’s central bank and the legal procedures followed in the decision.
