Justice Syed Muhammad Dastagir Husain and Justice Md Ataur Rahman Khan passed the order following a petition filed by his lawyer. The HC also issued a rule asking the government to explain why the suspension order of Mayor Ariful should not be declared illegal and unlawful.
Six people, including the Secretary for Local Government, Rural Development and Co-operatives Ministry, have been made respondents to the rule which is returnable in three days.
On Sunday, Sylhet City Corporation (SCC) Mayor Ariful Haque Chowdhury was suspended again hours after taking charge. The Ministry of Local Government, Rural Development and Co-operatives issued a circular in this regard as he is an accused in criminal cases.
Mayor Ariful filed a writ petition challenging the government’s earlier order of suspension on March 13. The High Court stayed for six months the government order suspending Sylhet City Corporation Mayor Ariful Haque Chowdhury showing his complicity in the murder of SAMS Kibria.
Our Correspondent adds:
Barrister Mainul Hosein appeared with Barrister Abdul Halim Kafi on behalf of Mayor Ariful Haque Chowdhury. Senior Advocate Aminuddin MP was also present to assist Barrister Mainul Hosein. Mayor Ariful was also present in the court.
Deputy Attorney General A Talukder appeared on behalf of the government.
Barrister Mainul Hosein submitted that the second suspension order from the Ministry must be the result of a wrong advice and misrepresentation. Such suspension order is unconstitutional being anti-election system of the mayor’s position. Mr Ariful was suspended within 4 hours of implementing the first order of stay. Because in the earlier order the Appellate Division made it clear that such an order is not maintainable in law.
Barrister Mainul further submitted that his client’s name was included some 13 years after late Suranjit Sengupta was attacked allegedly by some bomb throwers by way of filing a supplementary charge sheet. Nothing could be more malafide and absurd, yet an elected Mayor was so ridiculously denied to serve people for the last two and a half years.
