The High Court has observed that election of Mohammad Shahabuddin as president of Bangladesh is justified. The apex court further observed that the president does not hold an office of profit in the service of the republic.
The higher court made the observation, finally rejecting two writ petitions that were filed challenging the election of Mohammad Shahabuddin as president.
The HC bench of Justice Md Khasruzzaman and Justice Md Iqbal Kabir Lytton made the observations in the 39-page full text of order on writ petitions. The full text of the order has been uploaded on the Supreme Court website.
Supreme Court lawyers MA Aziz Khan and Abdul Momin Chowdhury filed the petitions on March 7 and March 12 respectively.
In its written order, the HC bench categorically said that the post of president does not fall under the service of the republic. The office of president is not an office of profit.
“We hold that Section 9 of the Anti-Corruption Commission (ACC) Act, 2004 does not create any bar to the former Commissioner of ACC, Mohammad Shahabuddin, to be elected as the President of the People’s Republic of Bangladesh,” the HC bench said in the full text of order.
“We hold that though as a former commissioner of ACC, the President-elect, Mohammad Shahabuddin, also held an office of profit in the service of the Republic, this in no way disqualifying him from being elected to or holding the office of President, which is not an office of profit in the service of the Republic,” said the HC bench.
Mohammad Shahabuddin, who was elected as the 22nd president of Bangladesh on February 13, took the oath on Monday (April 25).
“We hold that the election and appointment do not carry the same meaning as per the Constitution. The President of the People’s Republic of Bangladesh is the elected representative and the symbol of the unity of Bangladesh, and the individuals who serve in the Republic according to the Part IX of the Constitution are the appointed employees in the service of the Republic,” the HC bench said in the full text of order.
The HC bench further said that the declaration made by the Election Commission (EC) under Section 7 of the Presidential Election Act, 1991 is not illegal.
Earlier on March 15, the High Court had summarily rejected the two writ petitions challenging the legality of the process of electing Mohammad Shahabuddin as president.
On March 21, the chamber judge of Appellate Division of the Supreme Court upheld the HC order.
