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Published : 16 Jul 2024, 11:55 PM
The state has sought permission to challenge the High Court's verdict to maintain quotas in first and second class government jobs amid violent protests against the system.
A leave to appeal was filed in the relevant branch of the Appellate Division on Tuesday, said Attorney General AM Amin Uddin.
“The court will decide after the hearing whether to grant our appeal or not. We have shown in the petition why the High Court's verdict is not correct.”
“Our plea to the court is to grant leave [permission to appeal] and nullify the High Court’s verdict,” he added.
When asked why the appeal was filed, the attorney general said, “Our main argument is that it is a matter of the government's policy decision. Therefore, there is nothing for the court to judge.”
The 27-page full verdict of the High Court was published on the Supreme Court's website on Sunday.
In the verdict, the court directed the defendants to reinstate the quota for the children and grandchildren of freedom fighters and to maintain all quotas, if any, including those for underdeveloped districts, women, people with disabilities, and ethnic minorities.
According to the judgment, the government has the authority to change, modify or increase the quota if it deems necessary. If the posts remain unfulfilled with candidates from the quotas, appointments can also be made based on merit.
The government abolished the quotas altogether in a notification in 2018 following widespread protests.
In 2021, seven people, including Ohidul Islam, the child of a freedom fighter, filed a writ petition challenging the validity of the 2018 notification.
After hearing the petition, the High Court bench of Justice KM Kamrul Kader and Justice Khizir Hayat declared the decision to abolish the quota system illegal on Jun 5.
The operative part of that verdict was published on Thursday evening.
Amid protests against the quota system, the Appellate Division ordered all parties to maintain the status quo for four weeks last Wednesday.
The Supreme Court, providing observations and directives, prohibited any discussions regarding quotas. The Appellate Division said it would revisit the case once the full verdict of the High Court was published.
The next hearing is scheduled for Aug 7.
The partially published verdict of the High Court stated that the government’s 2018 notification abolishing all quotas in first and second class government jobs was “illegal and ultra vires or beyond legal authority”.
The court ordered the government to implement the reinstatement of quotas within three months of receiving the verdict.
Following the High Court’s verdict, students and jobseekers launched fresh protests in diferent parts of the country, including Dhaka.
Initially, they held rallies and human chains, but last week, they started a blockade programme called ‘Bangla Blockade.’
Under the banner of 'Anti-Discrimination Student Movement', the protestors initially protested with four-point demands, but now their demands have come to a single point.
The demand is: the quota system should be reformed by passing a law in parliament to abolish all kinds of unreasonable and discriminatory quotas in all grades and reduce the quota for the marginalised groups mentioned in the constitution to the minimum level.”
On Sunday, they submitted a memorandum to the president, giving the government a 24-hour deadline to take visible steps towards quota reform by calling an urgent parliament session.
They also demanded the withdrawal of all cases against them within the same timeframe.
Hasina, during a press conference on her China visit, said: “The issue of quotas will be settled in court. If there is any destructive activity on the streets, the law will take its own course.”
During her speech, the prime minister said, “Before protesting the quota system, they should have looked at their results to see where they stand!”
"Why do they hold such resentment towards the Liberation War and the freedom fighters? If the grandchildren of freedom fighters don't benefit, does that mean the grandchildren of Razakars [Pakistani collaborators] will?" she asked.
‘Deeply hurt’ by Hasina’s remarks, protesters held demonstrations on Sunday night at Dhaka University and other campuses, where they shouted slogans such as “Who are we? Who are we? Razakar! Razakar!”
Amid discussions and criticisms over these slogans, there were repeated clashes on Monday, injuring nearly 300 people.
Six people were reported dead amid the clashes in Dhaka, Chattogram, and Rangpur on Tuesday.
