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Final hearings on demarcation, emergency petitions Oct 19: HC

Tuesday, 14 October 2008


The High Court (HC) has set October 19 to hold the final hearings on two separate writ petitions, challenging the gazette on delimitation of constituencies and challenging the state of emergency, reports bdnews24.com.
An HC bench of justices Mir Hashmat Ali and Shamim Hasnain gave the order Monday on the petition filed by BNP leader Abdul Mannan on August 6.
The HC stayed the enforcement of the gazette for three months a day after the petitioner had filed the application.
It also issued a rule nisi on the government and the Election Commission (EC) asking them to explain why the gazette should not be declared unconstitutional and cancelled.
The EC published the gazette, on re-demarcation of 133 out of 300 electoral constituencies on July 10.
The same HC bench also set October 19 to hold the final hearing on the writ petition challenging the legality of the announcement of the state of emergency, filed by Supreme Court (SC) lawyers.
The petitioners include M Solimullah, Mohsin Rashid, Nahid Sultana Juthi and Abdul Mannan Khan.
MI Faruki, counsel for the petitioners, said after the order: "The issue is urgent. So the final hearing of the petition is required."
On July 20, after an initial hearing, the HC issued a rule nisi on the government asking it to explain why the declaration of the state of emergency was not illegal.
It also asked the government to explain why the Emergency Powers Law, Emergency Powers Ordinance and Emergency Powers Rules should not be declared unconstitutional.
The court asked the government to report when the election would be held and how the power would be transferred.
The president imposed the state of emergency on January 11 last year.