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Speaker's Ruling

Govt moves to challenge HC verdict

Staff Correspondent
The law ministry has asked the attorney general's office to file an appeal with the Supreme Court against the High Court verdict declaring the Speaker's ruling on violation of the constitution by an HC judge has "no legal effect" and is "baseless in the eye of law".
During a hearing on June 5, Justice AHM Shamsuddin Choudhury Manik (HC judge) observed that the Speaker had committed an offence tantamount to sedition by commenting in parliament on an HC order.
In a ruling on June 18, Speaker Abdul Hamid said an HC judge (Justice Manik) has violated the constitution by making "derogatory remark" about the Jatiya Sangsad and the Speaker.
"We have instructed the attorney general's office to file the appeal on Sunday or Monday," Law Minister Shafique Ahmed toldThe Daily Star yesterday.
Talking to journalists earlier in the day, the minister said,
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"The High Court did not issue any rule in disposing of the petition challenging the Speaker's ruling. The observation made by the court in the verdict does not have a binding effect."
He also said, "If there is any misunderstanding or conflict between parliament and the judiciary, of course we will take an initiative (to resolve it) in line with the constitution."
Shafique said they want to resolve the problem before parliament goes into session on September 4.
Later, Shafique met the Speaker at his (Hamid) office at the parliament building.
Asked, if he requested the Speaker not to allow any discussion in the House on the HC verdict, the minister said, "We discussed the business of the upcoming session (of parliament)."
Meanwhile, some senior lawmakers from the Awami League-led ruling alliance are preparing to raise the issue (HC verdict) in the House.
Asked, AL lawmaker Suranjit Sengupta said yesterday there are some options to overcome the "growing crisis”.
He said the HC may review its observations in the verdict or an appeal can be filed with the Supreme Court challenging the verdict. And the other
option is the Speaker should go back to the House, which will decide what it should do, he added.
Suranjit said he would speak about it in parliament.
Contacted, Jatiya Samajtantrik Dal lawmaker Mayeen Uddin Khan Badal, who had earlier spoken in parliament on Justice Manik's remarks, said, "I am honour bound to speakon the issue."
Officials at the attorney general's office said they are preparing to file the appeal early next week.
They will first seek a stay order from the apex court on the HC verdict, and then move to get its observations on the issue.