The Supreme Court (SC) yesterday stayed for one month the High Court (HC) judgment that declared illegal and void the Muslim Marriage and Divorce (Registration) Amendment Ordinance 2008 promulgated by the president.
Upon a government petition, Chamber Judge of the Appellate Division Justice MA Matin passed the order, also asking the government to file a regular appeal with the SC against the HC verdict within this period.
The ordinance promulgated by the president empowers deputy commissioners to recruit kazis (official marriage registrars).
Six kazis including Pirzada Syed Hazee Shariatullah, kazi of Moghbazar in Dhaka and president of Bangladesh Muslim Marriage Registration and Kazi Samity, on March 13 jointly filed a writ petition with the HC challenging the ordinance.
On July 13, the HC bench of Justice ABM Khairul Haque and Justice Md Abu Tariq declared the ordinance illegal and void, observing that the president had promulgated the ordinance beyond his constitutional jurisdiction.
The HC observed that during the rule of caretaker government the president cannot promulgate ordinances on issues not related to polls.
“In Bangladesh, the president’s powers are limited even during the tenure of elected governments and it is more limited during the caretaker rule. The president can promulgate ordinances related to holding national elections. There is no such urgent situation in the country that the president should promulgate ordinances on other issues,” the HC said.
Legal experts said following the HC judgment most of the ordinances issued during this caretaker government’s rule have now become invalid.
“This government has issued
about 70 ordinances and very few of them are related to elections. If challenged, ordinances not related to polls will be illegal,” said barrister Rafique-ul Huq.
The HC also observed that the caretaker government’s main duty is to hold the elections and the Council of the Advisers can request the president to promulgate election-related ordinances.
“It would be better for the people of the country if the tenure of this caretaker government is shortened,” the HC observed.
Advocate-on-record for the attorney general’s office B Hossain recently filed the provisional leave to appeal with the SC to stay the HC verdict.
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