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HC stays govt order on BGMEA administrator

Government asked to explain the move

Staff Correspondent
The High Court (HC) yesterday stayed a government order for an administrator to replace the elected executive committee of Bangladesh Garment Manufacturers and Exporters Association (BGMEA), apparently to end a stalemate among its rival factions.
The court also issued a rule
asking the government to explain within three weeks why the appointment of the administrator should not be declared illegal. The stay will remain valid until disposal of the rule.
A High Court Division bench comprising Justice MA Matin and AFM Abdur Rahman passed the orders upon a writ petition filed by 37 BGMEA members including its
President Annisul Huq.
"The truth has prevailed," said Huq in reaction to the verdict.
■ BGMEA officials believe the court order will also make it possible to hold the BGMEA executive committee election slated for February 17 on schedule.
Prompted by a January 3 ruling of the Second Assistant Judge Court, FROM PAGE 1
Dhaka, the government on Thursday appointed Mohammad Ayub Miah, a joint secretary at the industries ministry, as an administrator to take over the charges from the BGMEA executive committee to oversee the election within the next six months. The lower court order came on a petition Bled by BGMEA member MA Masud.
Although the administrator did not come to assume his ofBce, the appointment sparked off intense agitation among the BGMEAleaders and members.
In their submission to the High Court on behalf of the BGMEA petitioners yesterday, Barrister RaTtque-ul Huq and Dr M Zahir said a vested quarters in the government wants to politicise the country's largest trade body ahead of its election.
The appointment was made under the Section 10 of TYade Organisation Ordinance, 1961, which says the government may appoint an administrator in a trade body if it deems that the body is not being run properly.
However, the law dictates that the government must seek written opinion of the trade association before taking the decision. But, in this case, as the government did not seek opinion of die BGMEA, the appointment is illegal, the counsels pointed out.
Barrister Huq said the government intervention came at a time when the country is trying to get a duty-free access to the US market. The appointment has tarnished the image of Bangladesh abroad.
Dr Zahir said the apparel sector alone accounts for over 75 percent of the country’s total export earnings amounting to some $5.6 billion and about 20 lakh people, mostly women, andemployed in thesector.
He said BGMEA did not file writ petition against the lower court rule, rather it is against the government order.
Respondents of the writ petition are the commerce secretary, director of trade organisations at the commerce ministry, the administrator
and MA Masud.
Assistant Attorney General Rajik-al-Jalil represented the government side in the writ petition.
At a press conference after the High Court verdict, the BGMEA president said, "Certain quarters is trying to seize the association coming through the back door, as they do not belief in election and democracy, We will prevent such undemocratic moves at any cost and continue our struggle to help each other to compete in a quota-free regime."
Helaudedthe government for its continued fiscal and policy support for the garment sector. The government has recently exempted all export-oriented industries from the value-added tax and allowed loan rescheduling without any down payment.
Customs procedure at Kamalapur inland container depot has been cut down to six from 38 steps. The government will also set up one-stop cells for garment export at the Chittagong port and Chittagong Customs House this month.
Huq said the government has always been apromoter and facilitator of the garment sector. "We talked with the commerce minister about the duty-free market access to the US on January 6. Unfortunately, later on the same day, we received a letter from his ministry about appointment of an administrator," he recalled.
He said there is no crisis in the BGMEA that calls for appointment of an administrator, adding the government should not try to control the trade bodies.
Huq said the BGMEA would talk with the foreign buyers and try to offset the harm to Bangladesh's image caused by the unfortunate episode.
Former BGMEA president Quazi Moniruzzaman, Senior Vice President MA Salam, Second VP Alamgir Rahman, VP M Gularn Faruk. VP (Finance) Anwar-ul Alam Chowdhury and other directors and members were present at the press conference.