A High Court bench has felt ‘embarrassed’ to hear a writ petition filed challenging the process of electing Mohammad Shahabuddin as country’s President.
The HC bench of Justice Farah Mahbub and Justice Ahmed Sohel was set to hear the writ petition on Sunday (March 12). However, the bench forwarded the petition to the chief justice for a decision, saying one of the bench members felt embarrassed to hear the writ petition. Justice Ahmed Sohel expressed embarrassment, saying that he was a lawyer at the Anti-Corruption Commission (ACC).
“I was a lawyer for the ACC for five years. Since the ACC’s question is involved in this writ petition, I am embarrassed to hear the petition,” said Justice Ahmed Sohel.
According to the rules, the Chief Justice will now form a new bench to hear the writ petition.
Supreme Court lawyer Advocate MA Aziz Khan took part in hearing for the writ petition in the court, while Assistant Attorney General AbulKalam Khan Daud represented the state.
Advocate MA Aziz Khan filed the writ petition with the High Court on March 7. Earlier on February 26, the lawyer sent a legal notice claiming that the process of electing Shahabuddin as president was not proper.
The Election Commission and the Chief Election Commissioner (CEC) had been made respondents in the writ petition.
The writ petition was filed challenging the process through which the President was elected, and the gazette that was published later.
The eligibility of Shahabuddin’s election as president came into question as the ACC law said that an ACC commissioner who has served out his term shall not be eligible to hold any profitable office of the republic.
“Mohammad Shahabuddin was a former commissioner of Anti-Corruption Commission (ACC). According to Section 9 of the Anti-Corruption Commission Act, 2004, a former ACC commissioner is not permitted to hold any profitable position,” MA Aziz Khan quoted in the writ petition.
Meanwhile, another writ petition has been filed with the High Court challenging the validity of the EC’s gazette declaring Shahabuddin elected president. Advocate Abdul Momen Chowdhury filed the writ petition on Sunday.
Mohammad Shahabuddin, a retired district judge and former commissioner of the ACC, was elected as the country’s 22nd President.
On February 13, a gazette was issued declaring him elected as President of Bangladesh under Section 7 of the Presidential Election Act, 1991.
Mohammad Shahabuddin will succeed current President Md. Abdul Hamid after his term expires on April 23.
According to Article 123 of the Constitution, the presidential election must be held 60 to 90 days before the expiry of each five-year term.
After the beginning of controversy on the issue, Chief Election Commissioner KaziHabibulAwal had said that any controversy over Mohammad Shahabuddin’s election as president of the country would be unwise.
Referring to the review of the constitution, laws, and regulations, the CEC said that Shahabuddin was not ineligible to be elected as President.
Justice Shahabuddin Ahmed was elected to the President post in 1991 and a writ was filed in this regard before he assumed office. The legal matter has been discussed in detail in that case.
In the verdict of that case, the court termed the post of president ‘non-profitable in the service of the republic.’