SC stays HC ruling on Ordinances
Monday, 21 July 2008
The Supreme Court Sunday stayed for a month the crucial High Court judgment declaring illegal the Muslim Marriage and Divorce (Registration) Amendment Ordinance 2008 that had empowered the deputy commissioners to recruit kazis, devolving the authority from the law ministry, reports UNB.
In its judgment the High Court had ruled that the President cannot promulgate ordinances other than on issues related to polls during the caretaker government rule.
Chamber court of Justice MA Matin passed the order following a petition moved by a government attorney as it prefers leave to appeal against the High Court judgment.
The Chamber court also asked the government to file an application for leave to appeal against the High Court judgment.
On July 13, the High Court gave its judgment upon a writ petition filed by six kazis challenging the validity of the ordinance on recruitment of the marriage registrars.
The HC judgment said: "The President can promulgate ordinances related to holding national elections only as his power is limited during the caretaker rule."
The HC further observed that the President had promulgated the ordinance beyond his constitutional jurisdiction.
In its judgment the High Court had ruled that the President cannot promulgate ordinances other than on issues related to polls during the caretaker government rule.
Chamber court of Justice MA Matin passed the order following a petition moved by a government attorney as it prefers leave to appeal against the High Court judgment.
The Chamber court also asked the government to file an application for leave to appeal against the High Court judgment.
On July 13, the High Court gave its judgment upon a writ petition filed by six kazis challenging the validity of the ordinance on recruitment of the marriage registrars.
The HC judgment said: "The President can promulgate ordinances related to holding national elections only as his power is limited during the caretaker rule."
The HC further observed that the President had promulgated the ordinance beyond his constitutional jurisdiction.