On streets can the court’s verdict be changed by protesting ? Chief Justice

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Eati Akter

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The Appellate Division of the Supreme Court has decided not today to hear the plea of ​​the state seeking to stay the High Court’s judgment declaring the decision to cancel the freedom fighter quota in the first and second class government jobs. Along with this, the Supreme Court has also ordered regular appeals regarding the quota after receiving the full verdict.

The Appellate Division bench led by Chief Justice Obaidul Hasan gave the order on Thursday (July 4). Later, in view of the ongoing anti-quota movement, the Chief Justice said, can the court’s verdict be changed by protesting on the streets?

The Appellate Division said to the Attorney General during the hearing of the High Court ruling on the validity of the freedom fighter quota system in the first and second class of government jobs, why has so much agitation started on the streets? Will the pressure of the movement change the judgment of the High Court, the judgment of the Supreme Court? Later, the court ordered the hearing to be ‘not today’. In addition, the Supreme Court has asked the state party to regularly file leave to appeal.

When the hearing of the case started today, the advocate on record for the writ petition. Zahirul Islam prays time. He said that senior lawyer Mansurul Haque is out of the country. Hence time is required for hearing.

During the hearing, Attorney General Abu Mohammad (AM) Amin Uddin said that earlier there was a quota. In 2018, a circular was issued after revising the quota system. The High Court declared it null and void.

The court said, what did the chamber court order? Then Md. Zahirul Islam said that the full bench has fixed the date for the hearing.

At that time, the court said, not today. You file a CP (Leave to Appeal). We will not interfere now.

Attorney General AM Amin Uddin said, I have not received the Raita (High Court). The court said, will get.

At one point, the court said, why so much movement has started on the street? Will the pressure of the movement change the judgment of the High Court, the judgment of the Supreme Court? Then Attorney General AM Amin Uddin said, “No, no” (no, no).

On 4 October 2018, the Ministry of Public Administration issued a circular revising the existing quota system of the government for direct recruitment to jobs in government departments, autonomous or semi-autonomous institutions and various corporations.

As per the circular issued amending the memorandum dated 17 March  1997, direct recruitment to the posts of 9th grade (formerly 1st grade) and 10th-13th grade (formerly 2nd grade) will be made on the basis of merit. The existing quota system for direct recruitment to the posts of 9th grade (formerly 1st grade) and 10th-13th grade (formerly 2nd grade) has been abolished.

Challenging the validity of the circular, seven people including Ahidul Islam, a job seeker and freedom fighter’s son, filed a writ in 2021. On 6 December  2021, the High Court ruled on the preliminary hearing of the writ. The ruling asked why the circular should not be declared without legal authority. After the final hearing, the High Court declared the rule absolute (proper) and gave its verdict on June 5. An appeal has been made against that judgment.

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