THE government has been referring to a Supreme Court “order” on the reservation of 30 percent quota for the children of freedom fighters for the last few days, arguing that it cannot be changed. But the fact is that it was an observation of the court and the government has no obligation to abide by it, legal experts have said, as per a local daily report.
In a verdict in 2015, the Appellate Division of the SC said, “The High Court Division observed that the reservation of 30 percent quota for the children of freedom fighters shall be followed strictly.” In fact, the observations in a verdict are not binding upon any parties to a case.
In the latest writ on quota system the Supreme Court judgement has held that the quota system about public service is a matter of policy of the government the court should not interfere. That means the government is free to change.
But earlier judgement quoted is also right that as long the policy remains unchanged it has to be strictly followed. There is no contradiction but the legal position is being misleadingly interpreted thinking that people other than those belonging to the government are dumb and not intelligent enough. This is the way the sycophants are damaging the government. The Prime Minister wrongly referred to the judgement to support what the judgement does not. Neither of the judgements supports that the government cannot change its policy in support of the demand of the students.
Law Minister Anisul Huq and other legal experts have said that this well-settled principle is being followed in our judicial system for long. Liberation War Affairs Minister AKM Mozammel Haque, however, thinks otherwise. He termed the SC’s observation an “order” and claimed that it was binding on the government. He strongly opposed any change in the existing 30 percent quota for freedom fighters’ children and grandchildren.
He said a copy of the apex court order has been sent to the seven-member committee formed by the government to “review or reform or cancel” the quota system. On Thursday, Prime Minister Sheikh Hasina in parliament asserted that there was no scope of bringing changes to the quota for freedom fighters’ children and grandchildren.
We can feel only sorry and frustrated that position of the government is that it can be easily misled by incompetent persons in the government.
