High Court ruling on CHT Regional Council Act stayed
Friday, 16 April 2010
The Appellate Division stayed Thursday for six weeks the High Court ruling, delivered earlier on Tuesday declaring the CHT Regional Council Act 1998 and parts of the Hill District Council 1989 Act unconstitutional, reports bdnews24.com.
Chamber Judge Md Muzammel Hossain of the Appellate Division gave the order on an application filed by the government seeking leave to appeal.
The government has been asked to file a regular appeal within the six weeks.
The application was filed with the Appellate Division of the Supreme Court Thursday morning.
The High Court earlier on Tuesday had ruled that the whole of the CHT Regional Council Act of 1998 and parts of the Hill District Council 1989 Act (as amended in 1998) were unconstitutional.
The court had ruled that it did not have jurisdiction to consider whether or not the CHT Peace Accord itself was lawful.
But the ruling that formation of the regional council, integral to the accord, was illegal struck at the heart of the Accord.
Attorney General Mahbubey Alam said in Thursday's hearing the CHT regional council is now operating, and the tribal people appointed under the provisions of the Hill Districts Act - whose appointments have been deemed illegal - are also working in the police and the local administration, he said.
If the ruling is not stayed the regional council cannot operate, Alam said.
He said the government would file a regular appeal against the rule.
Since the issue is constitutional the ruling should be stayed, he argued.
Chamber Judge Md Muzammel Hossain of the Appellate Division gave the order on an application filed by the government seeking leave to appeal.
The government has been asked to file a regular appeal within the six weeks.
The application was filed with the Appellate Division of the Supreme Court Thursday morning.
The High Court earlier on Tuesday had ruled that the whole of the CHT Regional Council Act of 1998 and parts of the Hill District Council 1989 Act (as amended in 1998) were unconstitutional.
The court had ruled that it did not have jurisdiction to consider whether or not the CHT Peace Accord itself was lawful.
But the ruling that formation of the regional council, integral to the accord, was illegal struck at the heart of the Accord.
Attorney General Mahbubey Alam said in Thursday's hearing the CHT regional council is now operating, and the tribal people appointed under the provisions of the Hill Districts Act - whose appointments have been deemed illegal - are also working in the police and the local administration, he said.
If the ruling is not stayed the regional council cannot operate, Alam said.
He said the government would file a regular appeal against the rule.
Since the issue is constitutional the ruling should be stayed, he argued.