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Download PDF The High Court yesterday declared stripping former army chief Muhammad Mustafizur Rahman of a four-star general’s rank illegal.
The HC bench of Justice Khairul Huq and Justice Abdul Awal delivered the judgment after hearing a ruling the HC issued on the government in 2004.
Upholding the former army chief’s entitlement to the general’s rank, the court said the government’s taking away the rank after four years of awarding it was motivated and was done without following any rules and regulations.
The court said the allegation that Mustafiz obtained the rank by influencing the government has not been proved, adding that he was promoted to the post following approval of the authorities concerned.
Mustafiz was promoted to the rank on the day he retired from service in December 2000, during the Awami League regime.
On October 10 in 2004, the BNP-Jamaat alliance government cancelled his promotion on the recommendation of the parliamentary standing committee on defence ministry.
The cancellation order said the organogram of Bangladesh Army does not provide for the post of general and that the promotion was given violating the rules of the army.
Mustafiz challenged the government order on November 6 in 2004 following which the HC bench of Justice MA Matin and Justice AFM Abdur Rahman issued a ruling on the government to explain why its action should not be declared illegal.
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