Govt permitted to appeal against HC verdict
The Daily Star, Dhaka,
Thu, Mar 3rd, 2011 1:57 pm BdST
Please also read- "Decade-old hills admin at stake", The Daily Star, Dhaka, front page, 14 April, 2010" : http://www.thedailystar.net/newDesign/news-details.php?nid=134324ld
Dhaka, Mar 3 (bdnews24.com) — The Appellate Division of Supreme Court has permitted the government to appeal against a High Court verdict which declared Chittagong Hill Tracts (CHT) Regional Council Act of 1998 unconstitutional.
The division on Thursday also upheld the stay order by the Supreme Court chamber judge on the High Court verdict.
On Apr 13 last year, the High Court declared the Chittagong Hill Tracts Regional Council Act of 1998 unconstitutional for violating the "sanctity of a unitary state".
The High Court had also ruled that it could not consider the constitutionality of the CHT peace accord.
It held that since the agreement was political in nature — 'an accord between belligerents' — it could not be judicially reviewed by the court.
The agreement was signed between the government of Bangladesh and Parbatya Chattagram Jana Sanghati Samity in 1997.
The petitioners who had challenged the legality of the accord, had argued that the court could consider whether or not the state had acted beyond its authority in executing the accord, notwithstanding the fact that the issue had political undertones.