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Polls must be held within constitutional timeframe: HC ruling

November 18, 2008 00:00:00


The High Court Monday ruled that national elections must be organised within the constitutional timeframe, except for any special legal excuse, reports UNB.
"Only parliament is the owner of sovereign power of the Republic, because the Members of Parliament represent people directly," the court said while discharging a long-pending writ petition against Bangladesh's permission for the US-led coalition force to use facilities here for the Afghan warfare.
"None but the parliament holds the absolute authority to declare war on behalf of the Republic," it observed.
The HC declared valid with some observations Justice Latifur Rahman-headed caretaker government's decision offering the US coalition force to use Bangladesh land, water and airspace and refueling facilities in the Afghanistan warfare.
A division bench comprising Justice ABM Khairul Haque and M Abu Tariq delivered the judgment on a Public Interest Litigation (PIL) writ petition, discharging its rule issued seven years ago, on October 21, 2001.
In retaliation for the 9/11 (2001) terror strikes on the United States, the US appealed to the nations to support the US-led coalition force's war on terror in Afghanistan.
Ruhul Quddus Babu, a Supreme Court lawyer, filed the writ petition on September 24, 2001 challenging the legality of the decision of the caretaker government headed by former Chief Justice Latifur Rahman to offer the USA the use of Bangladesh land, seaports, airspace and refueling facilities in the Afghanistan war.

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