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HC rules against Aug 15 politics by BNP-led govt

Declares illegal govt's scrapping of observing national mourning day, public holiday on August 15

Staff Correspondent
The High Court (HO yesterday declared illegal immediate past BNP-led 4-party alliance government's order for cancelling observance of national mourning day and a public holiday on August 15.
On August 15, 1975, Bangabandhu Sheikh Mujibur Rahman was assassinated along with most of his family members in a military coup led by a group of disgruntled army officers.
Upon a writ petition filed by three leaders of Awami League’s front organisations, an HC bench comprising Justice Mohammad Abdur Rashid and Justice Md Ashfaqul Islam delivered the judgment which also cancelled the same BNP-led government's another order that had prohibited flying of the national flag at half-mast for paying respect to the memory of Bangabandhu Sheikh Mujibur Rahman, the father of the nation.
The court observed that the
alliance government's decisions were in violation of state decisions. The HC bench also said the grounds on which the alliance government cancelled observance of National Mourning Day and a public holiday on August 15 were also not factually correct.
In cancelling August 15 as
National Mourning Day and a public holiday, the BNP-led government argued that previously the day had neither been fixed nor been observed as such.
One of the petitioners against the cancellation, Advocate Mozammcl Haque, who also
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moved the petition, told The Daily Star yesterday that following the HC judgment the decisions of a previous Awami League government for observing August 15 as National Mourning Day and a public holyday, and for flying the national flag at half-mast on the day are automatically reinstated.
"The government is now bound to announce August 15 as National Mourning Day and a public holiday, and must keep the national flag at half-mast to pay respect to the memory of Father of the Nation Bangabandhu Sheikh Mujibur Rahman," he said.
Assistant Attorney General (AAG) Zafar Imam said he did not get any instruction yet from government high ups to file any appeal with the Supreme Court against yesterday's HC verdict.
He also said the HC delivered the judgment on the basis of recog-nising Bangabandhu Sheikh Mujibur Rahman as the father of the nation.
An Awami League government headed by erstwhile prime minister Sheikh Hasina issued an order on August 8,1996 declaring August 15, National Mourning Day and a public holiday in recognition of Bangabandhu Sheikh Mujibur Rahman's contribution to the struggle for the country's independence.
Following the Awami League government's decision, August 15 was used to be observed with due respect at the state level with the national flag flying at half-mast all over the country and at Bangladesh missions abroad.
But, on August 8, 2002 the erstwhile BNP-led four-party alliance government issued an order cancelling the observance of National Mourning Day and a public holiday on August 15.
Supreme Court lawyer Advocate Md Mozammel Huq, Mollah Mohammed Abu Kawser, and MA Malek, all leaders of Awami League front organisations, filed the writ petition against the cancellation as a public interest litigation (PIL) in August last year, praying to the HC to direct the authorities to declare August 15 as National Mourning Day and a public holiday.
The petitioners stated that the nation achieved its independence through a bloody war in 1971 led by Father of the Nation Bangabandhu Sheikh Mujibur Rahman, but on August 15,1975 Bangabandhu and most of his family members were murdered by some disgruntled army personnel.
The petition submitted that the nation is obliged to observe August
15 as National Mourning Day for the murder of the man who played a unique role in the creation of Bangladesh.
The petitioners said it is the duty of the nation to fly the national flag at half-mast on the day to pay respect to Bangabandhu.
They stated that the present caretaker government (CG) also recognised Bangabandhu's contribution to the independence of Bangladesh and decided to propagate the real history including Bangabandhu's contributions through textbooks.
The petitioners also said Chief Adviser Dr Fakhruddin Ahmed and army chief General Moeen U Ahmed also spoke about Bangabandhu's contributions.
Following the writ petition, an HC bench comprising Justice Syed Mahmud Hossain and Justice Farid Ahmed on August 6 last year issued a ruling on the government to explain why August 15 should not be declared as National Mourning Day and a public holiday, and to explain why the decision for cancelling the observance should not be declared illegal.
Chief adviser's principal secretary, secretaries to the cabinet division and to the ministries for law. justice and parliamentary affairs, information, and education, and senior assistant secretary to the cabinet division were made respondents to the ruling.
Advocate Faridul Alam Talukdar and Advocate Mozammel Haque represented the petitioners.