HC rejects 2 writs challenging legality of Shahabuddin’s election process

The High Court yesterday summarily rejected two separate writ petitions challenging the legality of the process of electing Md Shahabuddin as president of the country.

The HC bench of Justice Md Khasruzzaman and Justice Md Iqbal Kabir Lytton passed the order after holding a hearing on the petitions.

The grounds on which the HC rejected the petitions could not be known as the full text of the order is yet to be released.

However, Deputy Attorney General Bepul Bagmar told The Daily Star that the HC rejected the petitions on the ground that the reasons mentioned in the petitions are not acceptable as the president is holding the office of profit in the service of the republic.

The president is the master employer, who is not under the service of the government, the DAG added.

Supreme Court lawyers MA Aziz Khan and Abdul Momin Chowdhury filed the petitions on March 7 and March 12 respectively, also praying to HC to stay the operation of the gazette notification that declared Md Shahabuddin president-elect of the country.

Attorney General AM Amin Uddin and Additional Attorney General Mohammad Mehedi Hassan Chowdhury appeared for the state while petitioners MA Aziz Khan and Abdul Momin Chowdhury themselves moved the petitions.

MA Aziz Khan said in the petition that under Section 9 of the Anti-Corruption Commission Act-2004, Md Shahabuddin cannot be appointed president of the republic as he is a retired commissioner of ACC and the post of the president is an office of profit.

Chief Election Commissioner Kazi Habibul Awal in a media briefing on February 13 said Md Shahabuddin was "elected" president of the republic, not "appointed", but this is not correct, according to the petitioner.

The meanings of "elected" and "appointed" are the same, the lawyer said, adding that had the Election Commission scrutinised the nomination paper of the presidential candidate properly, Shahabuddin would not have been elected.

Abdul Momin Chowdhury said in the petition that the members of parliament are supposed to elect the president, but the CEC has declared Md Shahabuddin as president of the country exceeding his jurisdiction.

Md Shahabuddin, a retired judge and former ACC commissioner, was declared president-elect of Bangladesh on February 13.

Incumbent President Abdul Hamid's tenure will expire on April 24 and he cannot become president again as he was elected for two terms.

According to Article 123 of the constitution, the presidential election must be held 60 to 90 days before the expiry of each five-year term.