Staff Reporter :
BNP Chairperson Khaleda Zia’s lawyer on Thursday expressed no-confidence in the High Court bench of Justice J B M Hassan who has been assigned by Chief Justice Syed Mahmud Hossain on Wednesday for hearing and disposing of her three writ petitions regarding the cancellation of her nomination papers by the Election Commission (EC).
Khaleda Zia’s lawyer, Advocate A J Mohammad Ali, said, they have no confidence in Justice J B M Hassan.
A two-member bench led by Justice Syed Refaat Ahmed passed a dissenting order on the same writ petitions on December 11. Justice Refaat is senior to Justice J B M Hassan. As per SC practice, a senior judge should hear any petition on which a dissenting order has been passed, Barrister Badruddoza Badal, a lawyer for Khaleda, told the reporters.
Therefore, a judge, who is senior to Justice Refaat, should hear the writ petitions, Barrister Badruddoza said.
A J Mohammad Ali told reporters that they will apply to the Chief Justice to assign another High Court bench for hearing the petition.
Justice J B M Hassan asked the lawyer to place a statement before it in written. Advocate A J Mohammad sought time for placing the written statement. Then, the bench asked the lawyer to submit the statement before it on December 17.
Attorney General Mahbubey Alam, who appeared in the court on behalf of Election Commission, said, Khaleda Zia’s lawyers began turbulence, knowing that three writ petitions would be dismissed.
On Tuesday, a two-member High Court bench passed dissenting order on three writ petitions filed by Khaleda Zia. The senior judge of the bench ruled in favour of BNP Chairperson Khaleda Zia’s participation in the upcoming elections, while the junior judge disagreed with him.
Justice Syed Refaat Ahmed, the senior judge of the bench, directed the EC to accept the nomination papers of Khaleda Zia and allow her to contest the December 30 general elections.
The judge also issued a rule asking the EC to explain as to why its decision on the nomination papers of Khaleda Zia should not be declared illegal.
Meanwhile, Justice Md Iqbal Kabir, the junior judge of the bench, disagreed with the senior judges’ order.
Following the dissenting order on three writ petitions, the High Court judges sent all the three appeals and the judges’ orders to the Chief Justice for assigning another one-member High Court bench for final hearing and disposal of the petitions. After receiving the dissenting order in detail the CJ assigned a new bench for disposal the petitions.
Khaleda Zia, a former Prime Minister, on December 9 filed the three separate writ petitions also seeking HC directives on the EC to accept the nomination papers so that she can run from Bogura-6, Bogura-7 and Feni-1.
BNP Chairperson Khaleda Zia’s lawyer on Thursday expressed no-confidence in the High Court bench of Justice J B M Hassan who has been assigned by Chief Justice Syed Mahmud Hossain on Wednesday for hearing and disposing of her three writ petitions regarding the cancellation of her nomination papers by the Election Commission (EC).
Khaleda Zia’s lawyer, Advocate A J Mohammad Ali, said, they have no confidence in Justice J B M Hassan.
A two-member bench led by Justice Syed Refaat Ahmed passed a dissenting order on the same writ petitions on December 11. Justice Refaat is senior to Justice J B M Hassan. As per SC practice, a senior judge should hear any petition on which a dissenting order has been passed, Barrister Badruddoza Badal, a lawyer for Khaleda, told the reporters.
Therefore, a judge, who is senior to Justice Refaat, should hear the writ petitions, Barrister Badruddoza said.
A J Mohammad Ali told reporters that they will apply to the Chief Justice to assign another High Court bench for hearing the petition.
Justice J B M Hassan asked the lawyer to place a statement before it in written. Advocate A J Mohammad sought time for placing the written statement. Then, the bench asked the lawyer to submit the statement before it on December 17.
Attorney General Mahbubey Alam, who appeared in the court on behalf of Election Commission, said, Khaleda Zia’s lawyers began turbulence, knowing that three writ petitions would be dismissed.
On Tuesday, a two-member High Court bench passed dissenting order on three writ petitions filed by Khaleda Zia. The senior judge of the bench ruled in favour of BNP Chairperson Khaleda Zia’s participation in the upcoming elections, while the junior judge disagreed with him.
Justice Syed Refaat Ahmed, the senior judge of the bench, directed the EC to accept the nomination papers of Khaleda Zia and allow her to contest the December 30 general elections.
The judge also issued a rule asking the EC to explain as to why its decision on the nomination papers of Khaleda Zia should not be declared illegal.
Meanwhile, Justice Md Iqbal Kabir, the junior judge of the bench, disagreed with the senior judges’ order.
Following the dissenting order on three writ petitions, the High Court judges sent all the three appeals and the judges’ orders to the Chief Justice for assigning another one-member High Court bench for final hearing and disposal of the petitions. After receiving the dissenting order in detail the CJ assigned a new bench for disposal the petitions.
Khaleda Zia, a former Prime Minister, on December 9 filed the three separate writ petitions also seeking HC directives on the EC to accept the nomination papers so that she can run from Bogura-6, Bogura-7 and Feni-1.
