The High Court Division of the Supreme Court yesterday ask, J I eader of the Opposition Sheikh Hasina. the Jatlya Party’s parliamentary group leader Moudud Ahmed and chief of the Jamaat's parliamentary wing Maulana Matlur Rahman Nizami to return to Parliament when it is summoned.

Terming the continued Opposition boycott of Parliament sessions for realising the dertiand for a caretaker government illegal and unconstitutional', a division bench of the HC comprising Justice Kazi Shafiuddin Ahmed and Justice Kazi A T Manowarud-d'n made the judgement 'absolute'.

"They are directed to attend Parliament and if Parlia-

ment is not in session, as and when the session is summoned by the President, and within three days from commencement of such session, subject to the conditions and Incidents as contained in Article 67 of the Constitution." the presiding judge told a crowded

court.

The court also said that the salary, allowances and other benefits the absentee members of Parliament received during the period of their unauthorised absence were also illegal.

"The aforesaid illegal and unauthorised receipts of

salaries and emoluments and allowances by the absentee members of Parliament without the leave of Parliament Is recoverable by the appropriate authority upon' due process of law.” the HC bench declared.

The bench, however, allowed- a certificate of leave' under which the case would automatically go to the Appellate Division of the Supreme Court.

Lawyers of the opposition leaders are likely to seek a stay order from the Appellate Division today. Opposition sources said.

The Supreme Court goes on a vacation today till December 31 but emergency cases will be heard under special arrangement in both the Appel-

•iwie and the HC dtvtatona. court **ource» Mid

One Anwar Hoaaaln Khan an advocate. had filed a writ on which the court issued a rule on June 28 calling upon the leader of the Opposition Sheikh Haaina. the Jatlya Party s Moudud Ahmed and the Jamaat a Mattur Rahman Nizami to show cause as to why thev should not be direr ted to attend the sessions of Parlia ment

The petitioner accused the Opposition of not fulfilling the pledges they had made to their voters In their respective constituencies by staying away from Parliament The opposl non parties have been boy coiling Parliament sessions since March 1 last demanding a neutral, caretaker govern menl for holding general elections

A large number of people gathered before the court during the hour tong delivery of the 37 page Judgement Moudud Ahmed was the only defendant present in court at the time Barrister K S Nabi and Barrister Abdur Razzak Khan represented Awami l eague chief Sheikh Haslna and Jamaat Secretary General Matlur Rahman Nizami re sper lively.

rhe petitioner had stated diat the respondents — Sheikh H.isina Moudud Ahmed and Manor Rahman Nizami — were elected from their respective . •iiMituencies in the general ■ lections held in 1991 They ok oath of office to abide by > e provisions of the Constitu-

■i to represent the people of ‘t.uigladesh. binding them not •. । .Plow their personal interest n fluence the discharge of ' u duties as members of Pnhament.

' e writ said that by ab--■a King from attending Par Minnn sessions since March

1994 they had failed to

perform their constitutional obligations in protecting the raw oi the people Abstention from attending parliamentary sessions is a clear violation of the rights, obligations and privileges they were to exercise. the petitioner added

The writ-alleged that the respondents had neither asked for leave of absence from the Speaker nor tiled their hnzlra or attendance.

The petitioner stated that although they were not attend Ing Parliament sessions they have been illegally drawing salary, allowances and other facilities thus causing financial losses to the people and the country.

The petitioner had prayed before the court that the respondents may be directed to refund all emoluments, salary and allowances they received during the period of their unauthorised absence

The Judgement was given after several days of hearing during which lawyers of the respondents appealed for forming a larger bench to hear the case. The Chief Justice, however rejected the appeal last week.

The unanimous judgement said . 'We find that the peU tloner had a right to get the performances of the legal duty of the respondents to attend the sessions of the Parliament.

The Constitution imposes a duty upon the respondents to perform such duty and the duty complained of undoubt edly is a public duty but there is no other remedy avail able and. therefore, we hold ihat this writ of mandamus should not be denied to the petitioner.’ the court observed.

Sources in the three opposition parties said separate appeals against the verdict would be preferred before the Appellate Division "very soon