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Friday, 18 July 2008

Promulgation of ordinance by president

Staff Correspondent

The government Wednesday filed an appeal with the Appellate Division, challenging a High Court observation on presidential powers in promulgating ordinances during the rule of caretaker government.

Advocate B Hossain filed the appeal on behalf of the government, deputy attorney general Md Zahurul Islam Mukul said.
 
The appeal has been set for a Sunday hearing, Mukul said.
 
The High Court has observed that the president cannot promulgate any ordinance if it is not extremely necessary or has no immediate connections to elections during the rule of the caretaker government.
 
"The president or the caretaker government does not represent people. The less is the tenure of an undemocratic government, the better it will be for people," the court said Sunday in its order that declared illegal "Muslim Marriage and Divorce Registration Ordinance" promulgated by the president.
 
The ordinance had given deputy commissioners powers to appoint and sack Muslim marriage registrars or quazis.
 
The verdict came on a writ petition filed by six marriage registrars, including Bangladesh Quazi Samity president Syed Shariat Ullah.
 
The power of caretaker government is much narrower than that of a politically elected government, the court observed.
 
"An ordinance can be promulgated if it is very necessary or has connections with elections … if not, promulgating an ordinance is out of the president's jurisdiction," the court observed.

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