HC scraps plea challenging swearing-in of new MPs again

The High Court has scrapped a writ petition challenging the legality of the swearing-in of the 290 MPs of the 11th parliament.

Staff Correspondentbdnews24.com
Published : 18 Feb 2019, 10:25 AM
Updated : 18 Feb 2019, 11:12 AM

The bench of Justice Sheikh Hassan Arif and Justice Razik-Al-Jalil gave the order on Monday.

M Mahbubuddin Khokon and Shakib Mahbub attended the court hearing on behalf of the writ petitioners. Deputy Attorney General Mokhlesur Rahman represented the state.

Supreme Court lawyer Taherul Islam Towhid filed the writ petition challenging the legality of the oaths taken by the MPs of the 11th parliament as they came before the previous parliament ended its final session.

The High Court bench of Justice Md Moinul Islam Chowdhury and Justice Md Ashraful Kamal dismissed the petition on Jan 17 claiming the matter was ‘not raised’ in court. The High Court held a hearing on Feb 6 and fixed Feb 18 to issue a decision after the writ petition was filed again.

"The elected MPs of the 11th parliament took their oaths on Jan 3 as they were going to take charge. The first session of the parliament took place on Jan 30. According to the constitution, the MPs take their charge from the day of the first session of the parliament. As a result, there was no violation of the constitution or law even after taking oaths. That is why the court directly rejected the petition,” said Deputy Attorney General Mokhlesur Rahman after the High Court passed the order.

"The court said that the main purpose of taking oaths before the commencement of the parliamentary session is for the formation of the government. Because the president invites the head of the majority party to form the government, the elected MPs have taken their oaths beforehand. The government is formed before the parliament session begins. Therefore, the writ petition is dismissed directly.”

The lawyer of the petitioner, BNP Joint Secretary General Mahbub Uddin Khokon is asking for an appeal against the court's order.

"We think that the MPs are assigned from the day they are sworn in. But the court said that the MPs take on responsibility from the first session of the parliament. We do not think that this observation of the court is appropriate. So, we will go to the Appellate Division against this order," he said.

The MPs elected in the 10th parliamentary election held on Jan 5, 2014 took their oaths on Jan 9. The parliament, without the BNP, started its journey on Jan 29. Accordingly, the tenure of the 10th Parliament was till Jan 29 of this year.

The 11th parliamentary election was held on Dec 30, 2018. The new MPs were sworn in on Jan 3, 2019. The new government also took its oath on Jan 7.

On Jan 8, Supreme Court lawyer Taherul Islam Towhid sent out legal notices to the speaker, chief election commissioner and the cabinet secretary demanding the cancellation of the oaths of the new MPs and the publication of the gazette. His lawyer Mahbubuddin Khokon sent out the notices.

Towhid filed a writ petition on Jan 14 challenging the legality of the oaths when he did not receive any answers to his notices.